• Inference of brotherly relationship as illicit by in laws of sister

Daughter of my auntie was given in marriage. After taking her to in laws house, her every moverment at home were under close supervision. There is an unmarried daughter at in-laws house, everything is controlled by her. My sister was also not allowed to talk to any body of us. Being the elder son of my aunty's elder sister and residing within 10 KMs distance from the house of sister's in-laws house and having more affection for the youngermost sister, tried to visit her home frequently. i too was not allowed to visit. Later it infering that I am having illicit relation with my sister she was ill treated. We were un aware of these facts as we were not allowed even talk over phone. Rare and dared conversations by my auntie with my sister were recorded over phone without the knowledge of my sister and tortured without letting her know about the call recording. While sending my sister her mother's home for first delivery, she was warned by her husband stating they know every police station and court proceedings. But, ragged by the isolation and betrayed treatment at in-laws house, she has told about her post marriage life at in laws house and about the inference of my affection towards to be due to illicit relation with her. Now she has got one year old boy staying at her mother's house. Now a days' they are simply making propaganda amongst our relatives about malacious inference. more than a year has passed, my sister is staying with her mother. There have been instances of threatening calls from police who is stated to be one of their relative and approaches from advocates threatening about future bad consequences. The husband of my auntie is least bothered about all these. he is totally ignorant about welfare of daughter. Myself and my mother have considerably toiled for bringing up three children two sons and one daughter of my auntie. Thus being the situation, now i have been made culprit of having illicit relation with my sister. please guide me
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 10 minutes.

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14 Answers

1) your sister should file for divorce on grounds of mental cruelty

2)husband accusing wife of having illicit relationship amounts to mental cruelty

3)husband refusing to permit wife to meet her parents amounts to mental cruelty

4) seek custody of her son

5) also file DV case seek protection order , maintenance from husband , alternative accommodation , compensation for mental torture undergone by her

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

Your husband has to trust amidst rumours. It will be very difficult to establish illicit intimacy in the court of law.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

1.What your sister want now? Divorce or Restitution of conjugal rights? On this note, your sister can take legal steps.

2. Since, making you culprit of having illicit relation with your sister, they are harming you and your sister. You all can take legal steps.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

file DV case against husband and in laws as advised hereinabove

2) file 498A case for continuous acts of cruelty after marriage

3) file for divorce on grounds of mental cruelty

Ajay Sethi
Advocate, Mumbai
94513 Answers
7484 Consultations

5.0 on 5.0

For the Civil Matter you can file a Suit.

For the Criminal Matter you can logde a FIR, if it is not taken by the Police Officers then you can go for filing a Complaint before the Learned Court.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Sir this torturous situation for your sister file an complaint with local police station for mental and physical cruelty under domestic violence act and 498A , along with 506 IPC as they are threatening and intimidating your sister.

Also file a divorce petition on ground of cruelty before the family court along with that your sister can seek maintenance for herself and her son.

if the police is not taking action in above mentioned matter send the complaint to Commissioner or SP, and file a direct complaint under 156(3) CrPC with the magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You have nothing to worry. To establish illicit relationship, they need proof. Without proof, their case will fall flat. They are trying to intimidate your aunt's daughter so truth doesnt come out of how they tortured her. Your aunt's daughter can file for Divorce from her husband in which she can seek the relief of maintenance for herself and her son as well as injunction restraining her husband and his relatives from coming near her house. But before filling any such proceedings, it is advisable to record any and all such phone calls from Police or Advocates etc.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

If the girl is not intended to continue the matrimonial life, then file a complaint with the police alleging cruelty followed by a petition to dissolve the marriage.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Your sister must file a petition seeking restitution of conjugal rights since she has been abandoned and deserted without and just and sufficient cause.

Also, see must seek interim maintenance from her husband.

She also has the option to file a complaint under the DOmestic Violence Act.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

Your sister needs to see a local advocate having experience of handling matrimonial matters.

Vibhanshu Srivastava
Advocate, Lucknow
9582 Answers
303 Consultations

5.0 on 5.0

You can file Complaint against all who are threatening you. You can also file private Complaint in court. Don't succumb to their pressure and get blackmailed.

Prashant Nayak
Advocate, Mumbai
31800 Answers
175 Consultations

4.1 on 5.0

Dear Sir,

When you are facing serious allegations how dare you file a suit or complaint. They will win and the law will help you. Just relax and never discuss this with friends. Nothing happen. Just disconnect you all connections even phone with your auntie for few years. It the only remedy. If FIR is lodged then no body can help you. If you are silent the complications dissolve by themselves.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

If you have been blamed for such an unwarranted and irrelevant false allegations, you may better keep off from them and live your own life so that she may not have any problem due to this in her matrimonial life.

She can also initiate legal action against her husband and others in her matrimonial home for such acts of cruelty.

It is better to discuss in person with a local advocate and decide about the next court of action on this.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

We the family from girls side wish to file a suit or complaint. Please help

She is affected by such an ugly incident hence shae can very well file a police complaint against all those who intimidated her.

T Kalaiselvan
Advocate, Vellore
84709 Answers
2172 Consultations

5.0 on 5.0

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