1. If there is any physical and mental torture file a complaint of domestic violence and cruelty when police call for counseling at that time a MOU can be prepared that she is ready to go back but he and in-laws shall not torture or she shall take action. She can reply accordingly that he has tortured so much she is not willing to come even if they record it won't be of any use

2. See if now she avoids going back they will say she is cruel and destered husband and took away daughter and other grounds so best way is to come into settlement and then go back.

3. Filing a complaint of DV and intimidation will help though not FIR if they are ready to settle and the complaint shall help in future.

4. See they need to prove.their case mere accusing won't help them. So ask your sister to go back with help of police and then command her position and do for welfare of kids.

1) your sister should not avoid calls and messages

2)husband case would be inspite of repeated requests wife has refused to returned to her matrimonial home

3) she should return to her matrimonial home and if subject to torture file DV case against husband/ in laws

4) she can also file dowry harassment case under section 498A if harassed for dowry

hello

he is obviously making a case wherein he would show the court that he did everything in his power but your sister didn't budge and doesn't want to return. therefore answer their calls and talk to them and ask them what they want and how will they go about it. it will strengthen their case if you don't return.

if your sister returns then you can show that your sister was fully ready for reconciliation and even returned for the sake of the family and the daughters but due to their continued cruel behavior she is forced to return.

regards

1. She can speak as there's no problem in that. However, she must it must come specifically in her conversation that she has left the matrimonial home owing to the atrocious behavior of in-laws and husband. It is important that the Legal Notice is replied.

2. May be they do not want to be the first ones approaching the court.

3.yes, this can be done, but it is important to send a reply to husband's Legal Notice.

1.your sisters stance should be simple she is ready to come back on the account they are ready to give in writing there would be no cruelty in future and they will treat her good she has no problem for children for coming back.

2. Yes you as brother or your parents can make a police complaint she herself can make a police complaint to mahila police station. Also a complaint can be filed now only if there is fear of her death. If there is any intimidation thereat from there side.

1) husband is seeking to make it a case of mental cruelty . wife refusing to stay with husband amounts to mental cruelty and is ground for divorce

2) return to your matrimonial home

3) no need to file complaint in advance

4) if she is harassed she can call police helpline for women

5) file DV/ 498A case against husband

Hello Mr. X

I have gone through the contents of you email posted herein. First of all I would like to advise you that before sending your sister in to her matrimonial home, Why don't you people engage good matrimonial lawyer who will file a case against your sister in-laws. I.e. Prevention of women from Domestic Violation act, 2005 under section 12 of D.V. act along with the maintenance on account of two children as well as your sister behalf. Secondly, don't forget to put each and every acts of cruelties caused by the Husband of your sister and in-lawsin the domestic violence case. Further also prayed in the Case right to resident and stay of further any kinds of domestic violence which may likely to be caused by them. I am sure the Court will restrained them for repeating any kinds of domestic violence. Seconly, Prepare you sister like a Durga godess not to scare or afraid from them let she be strongly object thier act and deeds. If even thereafter the are continuous indulged in criminal activity or you have suspect about life risk of your sister then ask her to call 100 number police immediately. Thirdly, you should not worry about making strong case by the family of you sister in-laws on the ground of cruelties. If any thing they wants to assert in the cruelty in the petition of HMA, they have to prove in the court of law which is very difficult. if your sister has not caused any cruelty upon them then there is hardly chance to prove the same in the court. Fourthly, I would advice furthermore lodge a complaint against all the persons before in the office of Crime against women Cell located near by your area as per jurisdiction fall. Therefore, you can freely send back your sister to her matrimonial home.

Here is two thing is very important, first if D. V act case file and simultaneously Crime against women Cell complaint also file then they will think more than 100 time to commit further any kinds of domestic violence upon your sister.

Now come to the reconciliation proceeding, The Hon'ble Supreme Court of India has established and facilitated Mediation Center for amicable settlement in case of Matrimonial dispute as well as petty issues which related to the family concern. It is advice to you better you along with all you community person make pressure upon them to negotiate and resolve all the dispute between the Parties amicably. Why am saying so, because from Women cell office to till Supreme Court all will send the matter firsitly to the Mediation Center or counselling proceeding. Its better not to waste time in the court cases as well as waste of money from both the side.

Regards

G.L.Soni Advocate

1) You can ask you sister to not to give divorce on any ground and plus if any things goes wrong ask her to contact women cell which is located at police station.

1. If you wish to avoid the messages then you must take some action.. Not replying also will make their case strong. File case of harassment etc against them.

2. if they want divorce then you can not force him to live with your sisters, it is therefore advised that both of them take mutual consent divorce. If your sister do not want the same then she can file cases against him.

3. It will not make any impact, though a NC can be given before joining him

4. Being from the girl side do not fear, the law is by your side and you may file cases against them easily.

She should reply that she is being ill treated and therefore at this stage she needs time and can not join back the husband and keep her life in danger.

Regards

1. If your sister is suspecting him to record the calls, let she not answer his calls. She may even block the number.

2. If she is frightened to go back she can give a reply notice asking him to set up a separate home away from his home so that he will understand that she is not interested to give divorce.

3. The police will not entertain any such complaint, she may seek protection for temporary visit otherwise she has to get an order from court for this.

4.Let you sister not return to his home until he gives an assurance that she will be treated well and no act of cruelty will be done against her.

1. She can also give a notice from her side mentioning all the allegations against him and his parents at home and ask him to give an assurance for her safety and to that of her children and to set up a separate home.

She can mention that if her demands for separate home and an assurance for the safety of them are met, she is ready to live with him.

This reply will make him to sit back and think of planning a differnt strategy

2. Dont do any such mistake, that may backfire without any desired result.

You may discuss with your advocate on all such further issues and take a decision accordingly.