• How to proceed legally? Minor details

I am radiologist by profession came form single parent farmer family (dad has passed in accident )..my sister has grown up in village . She has been married since 1.5 yr.. jiju works in reputed car company as trainee engineer.. mostly outside the house due to work ( as per him ) and the most of the free time he got spends with the there female/male friends..now they have started harrasing her by giving reasons for - poorly dressing not as per city standards , poor emotional expression/ affection.. and demanding for divorce ! They are making every single moment difficult for her.. we don't even know whether he has any outside relation..he keeps his mobile / other data very secret..i am the only earner in my family..what is the better way to proceed in such situation ? Thank you.
Asked 4 years ago in Family Law
Religion: Hindu

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12 Answers

In matrimonial issues, do not hasten to sort out the issue through legal means as it will aggravate. Instead, find out ways and means through which it can be amicably settled. You may be advised to cause a notice, institute a domestic violence, institute a divorce, but remember all those will not unite them, instead separate.

Therefore, take special care, engage some lady counsellor to advise your sister and speak to him as well.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Your sister should file DV case against husband seek alternative accommodation, maintenance, compensation for mental torture undergone by her

2) also file case of dowry harassment against her husband under section 498A of iPC if she is harassed for dowry

3) agree for divorce by mutual consent if husband is willing to pay her alimony

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

Your sister must stick to her marriage.

You brother in law cannot unilaterally divorce your sister until she gives her consent for divorce.

If your sister is being meted out with cruelty and domestic violence, she must file a Complaint under the Domestic Violence Act.

She must also seek maintenance from her husband for her sustenance.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

See your sister should deny any kind of divorce as her husband has no ground to contest amd take divorce from her. If her husband file for divorce she can deny all allegations and can claim maintenance from him.

The things are otherwise they are harassing your sister so if things go really down hill file a domestic violence case on them as they are subjecting her to harassment.

If you are able to pay hire private detective agency to find out if her husband is having any affair or not.

In no condition she should be ready for mutual consent divorce other than her husband donot have any ground.

So ask her to maintain her calm if possible try to bond with husband resolve conflict as divorce proceedings make bitha life worse.

In case husband family subject her tk cruelty file a police complaint and 498a case.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

It is premature issue to take any decision. Try to convey and settle the problem. It is very difficult to roam around the Courts. Please think wisely before taking any decision. It is better to postpone the issue for the present.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1) Try to take your jiju with family counselor that he will explain and ask further questions and answer regarding family marriage life.

2) Otherwise is your sister capable to learn new things. As per the city standards and few new ethics as per husband surrounding. And act as per the husband's wish, studying higher education and like to earn money. Than see how things will change and you have to observe everything under your supervision, do your jiju shouldn't talk rubbish later about your sister behavior. You have to take innovative to make more capable earned more than your jiju and last don't give any dowry and divorce.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Simply file a FIR in the police against the husband and his friends for cruelity and harassment under section 498A, IPC and domestic violence act.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Hello,

If you think that dissolving the marriage is best step that can be taken then I would advise you to go for the mutual consent divorce and claim alimony in lieu thereof.

Also, your sister can file a criminal case of harassment against your husband and also file a suit to claim maintenance if he is not ready to keep your sister.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Hello sir , without any justified reason he cannot obtain divorce from your sister.. It is advisable to settle the things amicably ... If he still continue harrrasment with your sister , she can file a domestic violence complaint .. She can also Claim Maintenance from her husband under section 125 Crpc .. Legally she is entitled upto 1/3 of her husband salary .. Any further doubts will be appreciated .. Thank you

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

If your sister has been subjected to such cruelties, she may file a DV case against her husband and seek relief of protection, maintenance and also compensation for the insults and tortures.

She can even decide about lodging a criminal complaint with the local police agaisnt him if he is still not changing himself.

She has to challenge his divorce case if he is filing one, very strongly.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

First try to sort the issue amicably if the things are not sorted out you can file DV case against your jiju

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

Hi,

Your sister may approach the concerned agency such as women cell or police asking for action as these acts mentioned are related to domestic violence.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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