• Divorce case lodge by my Jijaji

My sister (Dausa Rajasthan) and Jijaji(Alwar,Rajasthan) both are working Kendriya Vidhayalaya. My sister married in oct 2011. After that she have two children (One daughter and one son) .But after two year my sister's in laws and husband started creating problems, Some domestic violence also involved.This is happened till last Feb 2017. After that one day he quarreled with my sister and left his family alone at Dausa. He is not taking any type of responsibility of family my sister alone managing all till now. Recently we got a notice from session court Swaimadhopur for divorce. But My sister dont want give him divorce. She want her justice.....What we can do in this matter and what are the rights of sisters as women in this situation. Please help.........
Asked 4 years ago in Family Law
Religion: Hindu

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17 Answers

Your jijaji cannot unilaterally give divorce to your sister.

Your sister must appear in the Court at Swaimadhopur through an Advocate and contest the divorce petition filed by her husband.

If her children have been neglected and your jijaji is not monetarily supporting them, she must file a petition seeking maintenance.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Your sister can file restitution of congual rights for not giving him Divorce. She can file ailmony in family court. She can file maintenance application under 125 crpc. She can file domestic voilence Complaint and maintenance under domestic voilence Act. She can also file FIR for harrassment under section 498A IPC.

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

Dear Sir,

First clarify with your sister whether she wish to continue marriage or not. Please be informed that just filing of Divorce, it cannot be granted. He never get it. You just file counter cases for separate possession, maintenance, dowry harassment and RCR. Nothing wrong to file counter cases. The procedure for each case is as follows:

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Supreme Court sets alimony benchmark: 25% of ex-husband’s net salary

The Supreme Court has set a benchmark for maintenance to be paid by a husband to his estranged wife, stating that 25% of his net salary might constitute a "just and proper" amount as alimony.

A bench of Justices R Banumathi and M M Santanagoudar made the observation while directing a resident of West Bengal's Hoogly, earning Rs 95,527 a month, to set aside Rs 20,000 as maintenance for his former wife and their son, turning down the man's plea that the amount was excessive. The court said the amount of maintenance or permanent alimony must be sufficient to ensure that a woman lived with dignity after separating from her husband.

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MAINTENANCE AND CUSTODY

THE LEGAL rules relating to the maintenance and custody of children

are found in the personal laws (including statutory) of the various religious

communities, and in the Criminal Procedure Code. There is, therefore,

no uniformity in this matter except to the limited extent to which the

provisions of the Criminal Procedure Code apply. We shall first deal

with the latter and then proceed to examine the personal laws of the

different religious communities.

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Section 20 in The Protection of Women from Domestic Violence Act, 2005

20. Monetary reliefs.—

(1) While disposing of an application under sub-section (1) of section 12, the Magistrate may direct the respondent to pay monetary relief to meet the expenses incurred and losses suffered by the aggrieved person and any child of the aggrieved person as a result of the domestic violence and such relief may include but is not limited to—

(a) the loss of earnings;

(b) the medical expenses;

(c) the loss caused due to the destruction, damage or removal of any property from the control of the aggrieved person; and

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Section 498A in The Indian Penal Code

376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—

(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or

(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. If your sister does not want divorce then she can contest his suit for divorce.

2. If she is unemployed then she can file a case for maintenance under PWDV Act under which she for herself and the child are entitled to 1/3 to 1/4th of income of her husband.

3. Ask your sister to file a suit for restitution of conjugal rights to revive her marital life.

4. Since litigation does not ensure revival of marriage it is advisable that they resolve the dispute amicably which can be done by mutual talk and staying together so difference can be sorted out.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

If there was domestic violence and violence firstly she can register a complaint with local.police for 498a and domestic violence act.

Secondly she can file for maintainance for herself and children under Crpc 125.

Reply the divorce saying that averments are false the husband has treated wife with cruelty follow the divorce proceeding . Contest on grounds husband has put false allegation. Give evidence to the effect.

File a petition in high court and get it transferred to Dusra court as she is residing there she cannot travel.to swami madhopur

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Further if husband files for custody of children that can be contested om ground of age of children and the custody of children below age 5 is with the wife also the welfare of children is must.

If she want to continue the marriage file a Restitution petition under section 9 hindu marriage act in.Dausa court, the court will first decide restitution than the divorce.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Immediately file 125 CrPC maintenance case, file restitution which will take ages to finish, send RTI to kendra vidalaya seeking for husbands annual income and attach in maintenance case, a professor or male teacher has to pay maintenance to wife.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

Sister should file petition for RCR under section 9 of HMA

2) contest divorce proceedings

3) file detailed reply denying the allegations made in divorce petition

4) seek interim maintenance fir herself and children

5) seek custody of her children

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Your sister can file a case for restitution of conjugal rights.

If your jijaji is earning then your jiji has a right to get support from his husband.

Besides being the father of two children, the father has also the duty to look after his children and provide monetary support for maintenance of children. You jiji can also apply before the Court so that jijaji provide monetary support for maintenance of children.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Hello,

She can first contest the divorce case and get it transferred to her place of living

She can claim maintainance

She can file a case of domestic violance

Also, she can claim the litigation expenses

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

File a case of 498A, 420, 406 of IPC in the police station your sister live.

Please reply the notice properly and file a maintenance petition in the local family court for the maintenance of sister during the separation and divorce petition if filed and children.

File a writ in the RAJSTHAN HIGH COURT for the transfer of cases in your local area court.

File a petition under section 9 of Hindu Marriage Act for Restoration of conjugal rights by sister that will give at least one year more time to the divorce petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Don't worry, if she do not want to give divorce then she just needs to submit, pray before the court of law. On the other hand she can also file petition of restitution of conjugal rights under which court can order her husband to continue marriage life if court satisfies.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

u should file 498a case,12 dv case nd 125crpc case. nd contest divorce case as u r tlng situation divorce petition ll b dismissed.

Tarun Budhiraja
Advocate, Rohtak
379 Answers

4.8 on 5.0

Hi

Just read your mail sent herein. I would like to advice you that if your sister do not wants to give divorce, then tell her to fight for justice. Secondly, tell your sister to file domestic violation act case in Kota Rajasthan, along with 125 Cr P.C maintenance petition . Let your sister husband also face music. Thirdly would like to contemplate your kind attention that its better to resolve the matter amicably amongst family members. If the said family settlement do not work then let the matter be refer to the mediation Center. Don't indulge in to litigation, as the same will take more time to resolve and would be cost more along with harassment from both side.

Regards

G.L.Soni

G. L. Soni
Advocate, New Delhi
87 Answers
3 Consultations

5.0 on 5.0

Since your sister wants her marriage, she can file a counter-claim for Restitution of Conjugal Rights in his Petition for Divorce.

Moreover, if there is a big distance in the Court where the Petition has been filed and the place where your sister is staying, she can file a Transfer Petition in the High Court and get the Divorce Petition transferred to the District Court within her local jurisdiction.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Your sister can fight his divorce case strongly on the basis of merits and documentary evidences in her side.

In the meantime she may even file a domestic violence case against him.

She can even file a maintenance case under section 125 cr.p.c. for her children and also an application for interim maintenance in the same divorce case for her children under section 26 of HMA.

All these will put pressure on him so that he will realise and come down for amicable settlement

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

Contest divorce case, and seek maintenance and other relief under Domestic violence act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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