• My brother in law is not accepting my sister

Hi,

My sister was married in 2015. Now she has three year old daughter. There were small issues with her husband. He thinks she is uneducated and can't get a job anywhere and keeps torturing her on the same point. Though she is graduated and worked before marriage. Last year, she was beaten by him, so we registered an NC and took her to my home. She was at my home for around 8 months. He was not even asked her to come home. Once she returned home with her daughter. That time she got to know that his husband is dating another girl working in his office. When she asked him who is she, he accepted that she is my girlfriend and told her that you were dating your boyfriend for 8 months so now I have a girlfriend. But when we asked him what is going on he refused to accept it. He is treating her like a person who only responsible to cook and serve him. By the way, his parents stay at their village and they don't interfere with his son's activities. They just ignore it, saying that the girl is only an office friend of him. One day my sister got his chat history with that girl having romantic kisses and movie plans. He does not give any money for home expenses to my sister saying he has to pay the EMIs, but gifts headphones, a new mobile phone to that girl.

Now during this Diwali, there was again an argument between husband and wife for the jewelry. My sister told him that I have sold my jewelry and got the money to make the food for him, but in reality, she didn't. That time he bit her on her hand and asked to leave his home shouting at her. Also told her that, now he will surely do second marriage with that girl. Then my sister got angry and hit him with a broom. Then he ran away by locking the door from outside. His father was also there when this happened but he did not say anything.

She called us to take her along with us. Then we took her and went to the Police station and registered the NC about everything happened. Now she is living with us. She is saying I don't want to spend my life with a person who is characterless and claiming me as a characterless.

Now I just wanted to take advice from a lawyer to take the next actions. We are not sure what should we do next, should we send her back to live a slave life, should we keep her to live along with us, in that case, can she get money or claim right in his property for a living? As her daughter is 3 years old, she is worried about her education.

Also after 4 years of marriage, he did not even bother to create a marriage certificate. So we don't have a marriage certificate but we do have a birth certificate of her daughter.

Please guide any help would be appreciated.

Thanks,
Pravin
Asked 2 months ago in Family Law from Mumbai, Maharashtra
Religion: Hindu

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
2286 Answers
153 Consultations

5.0 on 5.0

You can file a domestic violence complaint and seek maintenance from him. You can also file 125 crpc and seek maintenance. It's his duty to maintain her. If the difference reconcile then you can send her. Otherwise don't send her to get more tortured

Prashant Nayak
Advocate, Mumbai
15890 Answers
28 Consultations

4.6 on 5.0

Better don`t insist her to resume, and file FIR instead of NC. Along with it,file petition in court to claim maintenance for both wife and child.

Don`t apply for divorce. As of now only press for alimony and FIR of dowry demand and DV.

Yogendra Singh Rajawat
Advocate, Jaipur
15896 Answers
19 Consultations

4.6 on 5.0

1) first of all your sister must file a DV petition to get the following reliefs: a) right of protection b) right of residence c) monetary reliefs and d) compensation.

2) secondly she must seek matrimonial remedies from family court.

3) she requires services of an expert counsel (Advocate). I'm prepared to be her counsel and plead her cases in court.

4) However, I require an exhaustive consultation session with her first. I'm based in Mumbai/Navi Mumbai just like you are, so it shouldn't be much difficult for your sister to pay me a visit for exhaustive consultation. ९८२०८९७८८४. (Nine eight two zero eight nine seven eight eight four) 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1245 Answers
4 Consultations

4.4 on 5.0

If the situation is intolerable she may decide about filing a divorce case on the grounds of cruelty. 

She can file a DV case claiming residence,  protection,  maintenance and compensation 

 

She can file maintenance case under section 125 cr.p.c for the child and for her.

She can have his property attached as security for the purpose of maintenance amount. 

She can decide about living separately away from him to protect herself and her child from the savage hands of her husband. 

Consult a local advocate and proceed on the basis of the advice received. 

T Kalaiselvan
Advocate, Vellore
60781 Answers
782 Consultations

5.0 on 5.0

1. Register a FIR against the husband she can file for maintenance and residence rights in her matrimonial home.

2.  Further she can file a divorce case on ground of cruelty and can seek Hugh maintenance and alimony .

Also she can file maintenance for the kid.

Also without marriage certificate also the marriage is valid.

Shubham Jhajharia
Advocate, Ahmedabad
22222 Answers
88 Consultations

5.0 on 5.0

- Firstly, she should file a complaint with Women cell (CWC) in Mumbai , against those all persons, who are making her life a hell. 

- If, the matter is not amicably settled , then CWC official will lodge an FIR against them . 

- Further she can file a petition under the domestice voilence Act , and maintenance case as well.

- Since, she is not a working lady , then she can get maintenance for her and for her daughter as well. 

- Marriage certificate is not mandatory for getting justice from the court against husband.

- Further, as per Supreme court, A wife is not her husband's possession or an "object" and if she doesn't wish to stay with him, she can't be forced to do so.

- Hence, if her consent not allow her to continue with her husband , then she can file a divorce petition on the ground of cruelty as well.

- Better to convince her to file above said suit (except divorce) against her husband , to change the attitude of her husband.

- After filing the cases , she can even settle with her husband , if she opted to continue with her husband. 

Mohammed Shahzad
Advocate, Delhi
1431 Answers
23 Consultations

5.0 on 5.0

Your sister should file for divorce on grounds of mental cruelty 

 

2) seek interim maintenance and alimony from husband 

 

3) also file DV case seek alternative accommodation, maintenance and compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
70894 Answers
4259 Consultations

5.0 on 5.0

Ask you sister to file maintenance case only and live separately life don't give him divorce so he shouldn't do second marriage.

Under section 125 of CrPC she will get maintenance per month. 

Ganesh Kadam
Advocate, Pune
8760 Answers
72 Consultations

4.9 on 5.0

No you should not send her back to live life of a slave. 

your sister should file cases of Domestic violence, maintenance and divorce against her husband on ground of mental and physical cruelty against her. 

She should also lodge FIR of 498A and 406 IPC along with sections of hurting her by physical assault.

Mohit Kapoor
Advocate, Rohtak
5922 Answers
2 Consultations

5.0 on 5.0

Your sister can file an application to seek maintenance for herself and her daughter. As the marriage is already broken, your sister should ask him for mutual divorce if he is willing to pay a lump sum amount. And if he doesn't agree file divorce and alimony case on the basis of adultery and cruelty.

Prateek Kapil
Advocate, Roorkee
5 Answers

Not rated

This is my response to you:

1. Make the sit with a marriage counsellor, to save the marriage if there is a chance;

2. If it does not work out then file for separation;

3. If matters do net get resolved then apply for divorce;

4. A mutual consent divorce is simpler process;

5. Contested divorce is a long battle;

6. Decide the custody of child and alimony;

7. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1864 Answers
3 Consultations

5.0 on 5.0

Definitely the wife can sue against her husband before the Family court and the Judicial First Class Magistrate Court in her location. The wife cam file maintenance and alimony against her husband before the family court as well as the JFCM Court provided she is not an earning person.

If she has been harassed by her husband she can definitely file the criminal case against him under sec 498 A

Mohammed Mujeeb
Advocate, Hyderabad
13080 Answers
4 Consultations

4.5 on 5.0

Dear Sir,

There are several enactments in favor of married women.  Your sister must show heat of the litigation to her husband and mother in law otherwise she cannot sustain in such unbearable atmosphere.  She can file Domestic Violence case.

Dear Sir,

Take power of attorney from your sister and file Domestic Violence case seeking following reliefs:

 

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 three 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.

Netravathi Kalaskar
Advocate, Bengaluru
4315 Answers
22 Consultations

5.0 on 5.0

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