Hello Sir/Mam, Myself Roopa, my father had expired 5 years ago due to major heart attack. I have taken my family responsibility and made my younger sister marriage as I had to take care of my Mom. It’s been almost 4 years my sister had completed in her married life and she has one boy kid who is now 3 years old. My sister is facing family issues. At the time of her marriage, it was clearly communicated to guy and family that she has a passion of becoming an classical dancer and her career will be continued after marriage they had agreed for this later when she started going for classes (barthanatyam) they started with all dissupport by asking her to travel daily from bangarpet to Bangalore for classes ( she has completed her junior in Bangalore with Tanuja(Master) who resides at Nagarbhavi Bangalore so she is continuing Senior with same master. Sisters family resides at Bangarpet it’s difficult to travel daily down the lane from bangarpet to Bangalore with kid so she is staying with me and my mom here in Bangalore and going for classes. She had requested her husband to rent a house in Bangalore and support her for her ambition. She had also clearly conveyed that the hard work which she is doing now is all becoz for sake of her son and husband. Even after telling this several times her husband is not at all understanding and not providing any support to her n his son in terms of monetary and mental support he completely stopped even talking to her past 8 months in this situation I have provided her with all support required to reach her career ambition. She kept requesting him several times to shift to Bangalore as he is also working in Bangalore as traveling is difficult even for him daily for job purpose but he is not all realising the fact and understanding my sister . She have only mother in law who is not ready to get shifted to Bangalore due to this reason my sister husband has completely left without caring about my sister. She have also told him to balance both like taking care of her and her son and her mother in law as well but he is not at all agreeing for any kind of plans provided. She had no peaceful life in her married life from the day one she kept facing many issues with her mother in law and husband many time they counted even for providing food for her but still she never complained abt them anytime she kept adjusting and never opposed for their ask. When it comes to career ambition now they r not providing support and completely left thinking abt her. Now her kid is 3 years and should join him for school being father it’s his responsibility to make him join and provide him with good education. Now I m 30 years old and my mom is worried about my marriage but keeping my sister s life in trouble i m stepping back to think about my marriage. Please help me with your advice so that my sister life will be on track. She is 26 now I want her to be with her husband and lead her life happy. Kindly assist
1)your sister should file application for maintenance under section 125 cr pc seek maintenance for herself and child
2) she can file DV case against her husband / in laws seek alternative accommodation from husband , maintenance , custody of her child , compensation for mental torture undergone by her
You can't force any one to stay with us or continue the Marriage. In this case if husband is separated at the most you can file Petition for restitution of congual rights. Else you can file divorce and claim ailmony. She can also claim ailmony under application of 125 crpc and domestic voilence Act. She has to decide what remedy she needs to take and proceed with
See best way she can handle this is by talking to her mother in law and husband only if that is not possible then only I suggest the court route as court route may further lead to differences.
If husband is not talking to her or taking her with him she can file for RCR in the family court along with an maintenance application under crpc 125.
But firstly exhaust all the family remedies then go to court.
1. There are lot of legal recourse available to your sister to get remedy in the present circumstances but the problem is the legal options may ruin her marriage for sure.
2. So involve the family elders to resolve the dispute amicably.
3. if this does not give any result then she can file case under PWDV Act for maintenance along with case u/s 498A ipc.
4. I may repeat that legal recourse may jeopardise her marriage. SO decide accordingly.
Try to settle dispute amicably through an mediator. There is no such legal way to find out this issue solution, this is internal matters of family, so better solve this dispute through an mediator or You can approach the mediation centre In court of your local jurisdiction.
Dear Madam,
Your sister having every right to claim maintenance for herself and her child. So she can file maintenance case in civil court u/s 125 Cr.P.C. The following information may kindly be read it will be helpful to you.
The constitution has provided many rights to married women. Some of the key rights are:
This requires full fledged consultation at my office. Give me your contact details in feedback so that we can get in touch. Your sister should take an appointment at my office
Dear Client,
Above situation more like a social than legal. At this stage any legal step will ruin things only and no solution. Things will resolve with time. Apart from her, you should look at your life too. Find right match and don`t be hasty and take absolute time to choose the guy for you.
Main trouble is her mother in law and rare possibility to make her understand at this age. Tel your sister to be courageous and take a stand by own.
Otherwise through court, your sister can claim maintenance for both , residence right/rent etc.
1. Let your sister file for Restitution of Conjugal Rights and inspite of a favourable RCR order, if your brother-in-law does not allow your sister to join him in their marital life, then that refusal will be a very good ground for obtaining divorce.
2. Your sister and her son are entitled to marital home and maintenance.
1. If your sister wants to be back with her husband then she should persuade her husband to go for marriage counselling through an independent counsellor, instead of going to court.
2. If counselling also proves futile then your sister may file a DV case under Section 12 of DV Act to claim right to residence and also maintenance for herself and her child.
Your sister is married and having a kid hence it is her duty to take care of her own family.
She cannot demand her husband to shift to Bangalore for such petty reasons.
If she wants to pursue her career then she should make alternative arrangement, she cannot demand unjustified privileges for the sake of her career developments, especially if her husband is unwilling to support her.
You may have to look for an alternative measure to solve this problem
Dear Sir,
Under DV Act which is comprehensive a wife can see all varieties PRAYERS like
HENCE THE APPLICANT HUMBLY PRAYS
1.to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2.Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.Pass orders u/s 18, in totality against Respondent1 to
3,Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
4.Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
5.Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
6.The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
7.hat any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
