• How to legally deal with drunkard / irresponsible husband

My Sister is a cental Govt Employee ..... marrried over 25 yrs .. 2 kids . Daughter . Studying MBA and son in 9th standard ... Issue is her Husband who is a drunkard sincle last 10 ys has been a pain ...Has deterorating health and has been hospitallised atleast 13 times ....All the runing around and care my sister has to do ... which is becoming unbearable , as once he is liltle ok ..He again starts drinking . This cycle had been repeating. He has also lost his pvt Job last month . How to legally deal with drunkard / irresponsible Husband ? My sister cannot take it any more . They live in Hyderabad in their own house . My sister is also paying home loan emis and fooiting hosp bills. How can she get rid of this harrasenent and disassoiate herself from this torture. Kindly advise the options

Bhaskar
Asked 7 months ago in Family Law from Bengaluru, Karnataka
Religion: Hindu

File a criminal complaint of domestic violence and physical cruelty and abuse against him. That is the only way. The police and the court shall make him go to a rehabilitation centre or jail.

Regards 

Rahul Mishra
Advocate, Lucknow
8034 Answers
15 Consultations

5.0 on 5.0

 

Let your sister apply for judicial separation and live separately from her husband. In judicial separation, the husband and wife will be living separately, but the marriage will be still subsisting. Your sister can introspect and then decide, whether to continue the marital life or not. If your sister decides to opt for divorce, then let her opt for Mutual Consent Divorce.

1. Let your sister convince her spouse to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

  t2..In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

 r3.The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

 

Shashidhar S. Sastry
Advocate, Bangalore
2639 Answers
161 Consultations

5.0 on 5.0

Sister should file for divorce on grounds of mental cruelty 

 

2) mention that husband is drunkard does not work and maintain his family 

 

3) also file civil suit seek declaration that she is absolute owner of property as full payment has  been made by her 

Ajay Sethi
Advocate, Mumbai
74626 Answers
4464 Consultations

5.0 on 5.0

You can file a case of divorce on ground of cruelty. 

Kallol Majumdar
Advocate, Kolkata
2556 Answers
4 Consultations

5.0 on 5.0

She can file police complaint for harrassment and mental cruelty and further can take divorce on ground of cruelty against the husband if she is no more interest to stay with him.

See other way can be husband can be admitted to some deaddiction clinic and she can talk to him if then also he is not getting any better divorce is best option.

Shubham Jhajharia
Advocate, Ahmedabad
24365 Answers
96 Consultations

5.0 on 5.0

If the situation is intolerable then she can decide about quitting the  married life permanently or she can even file a petition seeking judicial separation.

She need not  have to stick on with him especially when she is an employed person and can sustain her expenses on her own i.e., not a dependent on him.

She may ignore to take care of him since he is not the kind of changing himself, she can remain in the same house but neglect or ignore him so that he may realise the problems.

T Kalaiselvan
Advocate, Vellore
64580 Answers
836 Consultations

5.0 on 5.0

1. Under the given circumstances, the option left before your sister is to try to get her husband admitted in rehabilitation  center to get cured or seek decree of divorce on the ground of cruelty.

 

2. She can give her marriage a last try by admitting her husband in a local rehabilitation  center.

 

3. If the above attempt fails, she can file a divorce suit on the ground of cruelty.

Krishna Kishore Ganguly
Advocate, Kolkata
24048 Answers
662 Consultations

5.0 on 5.0

file case under domestic violence act and you can also file case under 498A and that probably can solve your issue.

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

She is absolute owner of house her husband cannot claim any share. If her husband insists file for divorce on grounds of mental cruelty.. 

Mohammed Mujeeb
Advocate, Hyderabad
15613 Answers
7 Consultations

4.5 on 5.0

The only remedy that your sister has in this scenario is to file a petition for dissolution of marriage on the ground of cruelty. She cannot stop him from drinking, the court cannot stop him either.

 

Ashish Davessar
Advocate, Jaipur
28733 Answers
836 Consultations

5.0 on 5.0

Dear Madam

Since the husband has been harassing the wife, a domestic violence case may be filed as the first option for seeking relief and following could be prayed.

-------------------------------------

PRAYER

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 children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. 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.
  5. 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,
  6. 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.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Kishan Dutt Kalaskar
Advocate, Bengaluru
5298 Answers
172 Consultations

5.0 on 5.0

She should send him go deaddiction centre for sometime. 

And she can file divorce against her husband or judicial separation can also be a good option. 

Mohit Kapoor
Advocate, Rohtak
8007 Answers
2 Consultations

5.0 on 5.0

You can file domestic violence complaint against him and also file IPC offences

Prashant Nayak
Advocate, Mumbai
18708 Answers
34 Consultations

4.6 on 5.0

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