• Drunken husband harassing wife (sister)

My sister got married in 2000, Brother-in-law is driver and work only on temporary jobs. After 1 month from marriage my brother-in-law shows his realistic nature that is Drinking continuously till he finishes all his income and beats up my sister if she ask not to drink and if asks money for home needs. Since year 2000, this is repeating for every 2 or 3 months. Someone Elderly persons all will sit together and warn him not to repeat.  He will be OK for 1 month and repeats same again. As my sister is working as teacher she can able to manage home expenses and she has got 14 years old son. Already he was taken to police and warned and also by Mahila Mandal, but we do not see any change. What can be done in this regard as poor child also impacted with this due to daily routine.
Asked 3 years ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) your sister should leave her husband and file for divorce on grounds of mental cruelty . 

2)there is no future with a husband who spends his entire income on drinks and fails to fulfill his responsibilities towards family 

3) your sister can also file Domestic violence case against her husband and seek a protection order and also maintenance for her son
Ajay Sethi
Advocate, Mumbai
46745 Answers
2767 Consultations

5.0 on 5.0

1. Your sister's husband seems to be incorrigible. So she can file for divorce on the ground of cruelty. 

2. She may also file a case for domestic violence to claim maintenance for herself and her son and also compensation for the violence suffered by her. In addition to this, she can seek a protection order against further violence by her husband. 

3. She may also file a criminal case for assault and dowry harassment against her husband.
Ashish Davessar
Advocate, Jaipur
23140 Answers
640 Consultations

5.0 on 5.0

1) since your sister is working she may not get any maintenance . 

2) however in Domestic violence case she can seek right to stay in matrimonial home or alternative accommodation
Ajay Sethi
Advocate, Mumbai
46745 Answers
2767 Consultations

5.0 on 5.0

1. This is a very crucial dicision which your sister shall have to take,

2. She has to decide whether she will continue her matrimonial relationship or terminate it,

3.If she thinks that her son sould not be exposed to his such bhviour, then she shoud go for filing a divorce petition claiming alimony/compensation,

4. She can also file DV case claiming maintenance for her son, 498A complaint etc.
Krishna Kishore Ganguly
Advocate, Kolkata
18752 Answers
453 Consultations

5.0 on 5.0

Hi, it is better your sister should file a petition for divorce on the ground of cruelty so it is fit case for divorce.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

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