Hi Lawyers, My sister got married in 2001 have two children from the Marriage (2003). Eventually her husband started being abusive and stopped working and not taking care, use to living together with in-laws. One day the abuse was too much, so sister reported to police and the episode repeated, sister decide to live with our elderly parents along with her children. Since her move in 2008 me and my parents are currently supporting my sister. Before leaving in laws home my sister made a complaint in a police station with the circumstances, as per my sister initially lady inspector showed some sympathy and played good police role and then suddenly one day the inspector started being abusive towards my sister and mom in front of her husband's family and blaming her being irresponsible which took my sister by surprise. And then my sister couldn't pursue the issue neither could do any legal battle as she had children to take care. And her husband and none from his family bothered to contact my sister and the children. I live in a different city due to work reasons, so I haven't been much help. But as I came across this website kaanoon I thought of putting this scenario in front, for your expert opinions. So what are my sister rights and options and procedure to get justice. We are based in Hyderabad. thanks very much in advance.
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1) your sister should file DV case against husband seek right to stay in matrimonial Home or alternative accommodation
2) also seek maintenance fir herself and children
3) seek compensation for mental torture undergone by her
4) also file for divorce on grounds of mental cruelty
4) seek interim maintenance, custody of children
And alimony from husband
1. she can file a divorce petition and also Domestic violence case against her husband
2. she can also claim maintenance from the husband for herself as well as for the kids
3. she can also pray for retaining custody of the kids with her after divorce
Your sister has a lot of legal remedies which she can use to exercise her rights as the lawfully wedded wife.
Firstly, if the police has failed to register for FIR she can direct written complaint to the senior officials of police under section 154 (3) of the CRPC. However if they fail to take any action even after receiving the complaint, she can approach magistrate to register FIR and to order investigation under section 156 (3) of the CRPC.
She can also claim maintenance and residence rights from my husband for herself and her children. The monthly maintenance would be decided on a number of factors like the monthly income of the husband, his Lifestyle, your sister's earnings, reasonable wants of children etc.
She can also file a complaint under section 12 of the Protection of Women from Domestic Violence act against her husband.
She can also file for divorce from husband on Grounds of cruelty and the physical balance meted to her by her husband which is the valid ground for divorce under the Hindu Marriage Act.
Regards.
She must immediately file a petition for restitution of conjugal rights against her husband since all this while the husband has not got in touch with her and drastically failed in discharging her matrimonial obligations.
She and the kids must also seek maintenance from him by way of filing a separate application under sec. 125 crpc.
You may ask your sister if she is in the favour of saving this marriage or she wants to get separated once for all.In light of her views, we will be able to give you a better response.
hello
your sister was married in 2003 and has been living separately from her spouse since 2008 due to matrimonial disputes. as you have stated, the husband does not earn.
a maintenance application should be filed for the maintenance of the wife and children but since he does not work it is a bit difficult, though not impossible. you haven't stated how the husband is earning his livelihood as of now.
A case for DOMESTIC VIOLENCE should be filed against the husband. your sister has other rights too on the property of the husband. if your sister is not employed she and her children have a right to maintenance.
also, as she is living separately since 2008, she should file for divorce, either by mutual consent or on grounds of irreconcilable differences.
a complaint should be filed u/s 498A, 323,504,506, Indian penal code and domestic violence act.
regards
Hello , it has almost been 7 years since she has moved from her husband .. However , she can still file domestic violence complaint, but it has to be molded and modified so that we can hide the delay in complaint and she being living Seprately .. 2) She has a legal right to file for maintainance for herself and for her children under section 125 Crpc
1. Your sister can lodge complaint locally so on which basis FIR under section 498A, 406, 323 IPC can be registered.
2.Thereafter your sister should file a case under PWDV Act wherein she will be entitiled to maintenance @ 1/3 to 1/4th of the income of her husband.
3. Do not file a divorce suit as yet as this may help her husband to get rid of her.
4. So ask her to meet an advocate and take this matter forward.
See firstly sister can seek maintenance from the husband for herself and the children and can go for divorce on ground of desertion.
Since long time has passed it wont be any feasible now to file the criminal cases it would be best if she seek maintenance and divorce from husband and live life peacefully.
Further despite this she can file a criminal complaint under 498a and domestic violence for cruelty by husband the delay in filing complaint can be explained.
Firslty, as your sister have already make a complian in thenpolice station, but they being not good for her.
Secondly, she has all right for herself as well for her children.
Thirdly, she can file an application for maintenance for children as well for her also if she is not working.
Fourhtly, then she may also file divorce on the ground of cruelity, and his abusive behavior.
Fifthly, rest depends upon the action that you may be thinking to go for, only then I ll be able to give you the precise advice.
1) Ask your sister to make complaint in women cell and further take issue with police station.
2) Meanwhile hire a lawyer and file case against whole family for abusing and dowry.
Even though your sister has been staying away from her husband for the past eight years or so, it was not her voluntary decision to abandon her matrimonial home.
She was driven out of her matrimonial home by her husband and his relatives.
Therefore she is eligible for maintenance for herself and her children.
She can file a maintenance case against her husband, let him appear court and give his reply either to accept her claim or rejecting the same.
If she feels that the situation will not improve she may decide about dissolving her marriage by a decree of divorce also.
The options depend on the relief that you seek.
Keeping in mind the time that has passed in this matter, I would suggest the following:
1. If your sister wishes to divorce, she has ample grounds in her favour. Further, she may also claim maintenance from the husband. The complaints already filed will work in her favour.
2. If your sister does not want a divorce but just maintenance for the time being, she has reasonable grounds to do so as well. Though it will have to be proved that they have not been living apart through mutual consent. Again, the complaints should work in her favour.
3. If your sister wishes to pursue a case of domestic violence, the major issue that might work against her favour is the lapse of time.
I would advice that option no.1 would seem most favourable keeping in mind the facts provided.
Alternatively, if your sister is looking at an amicable solution, then your sister may also forward her grievances to the National Commission for Women, Delhi. They will take up the matter further and do what is necessary. This option would be most cost effective.
