• My sister husband cheated her

Dear Sir/Mam,

My sister got arrange marriage done 6 year back with a guy whom she was loving. We have done the marriage nicely and given guy whatever he asked but after 6 months of the marriage he escaped from house and got married to a different girl whom he was loving and never comes back. Due to this my sister got depressed and got a tumor on her brain, My father and mother have done the operation and after asking so much my sister in law's given money for the operation.Since then my sister is like a servant in her residence and for a daily life of lady what she need she have to beg to them. Now their inlwas also talk to their son and everyone is one but my sister life they screwed. Kindly suggest me how to she can be separated and how that guy will be punished.
Asked 6 years ago in Family Law
Religion: Hindu

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17 Answers

your sister should file case of bigamy against her husband as he remarried during subsitence of earlier marriage 

 

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

 

3) she can also file for divorce on grounds of mental cruelty 

 

4) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

She can file domestic violence case against husband and in-laws. She can also demand maintenance from husband through DV case as well as 125 crpc petition. She can also file divorce if she wants or file RCR petition in family court if she wants to be with him

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

First bring her back and file FIR against guy and in laws of domestic violence and bigamy. Since guy is living in adultery, court will grant her divorce and maintenance.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

1. Remarriage without divorce is criminal offence for which your sister can file a case u/s 494 IPC.

2. That apart she can file case under section 498A as well for the tortures done to her so far.

3. If your sister is unemployed then she is entitled to maintenance @ 1/4th of the income of her husband.

4. In the circumstances there is no need to bear the tortures and anymore and hence ask her to  file those cases to bring her husband to books.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Your sister can seek relief legally for all the sufferings by filing the following cases:

1.  A criminal complaint with the police for the cruelties done on her under section 498A, 506, 494, 420, 406 IPC; under the provisions of women harassment prevention act and other laws for the injustice done to her

2. She can file a DV case against her husband, in laws and other close relatives seeking protection, residence, monthly maintenance, compensation for the cruelties meted out to her, return of her articles held by them, reimbursement of medical expenses; 

3. She can file a petition under section 125 cr,.p.c. seeking monthly maintenance to sustain her expenses

You can consult an advocate in the local and proceed on the advise received.

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

File a case of domestic violence against her husband, in laws and other members. File an fir against the husband for bigamy. He will be arrested.

Also file a case of cruelty and file a divorce petition.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Domestic violence is a  continuous offense. Dowry demand allegations will be futile but not of physical violence.  Take her back and apply for maintenance and divorce.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

File DV case against husband and in laws and seek maintenance, alternative accommodation and compensation for mental torture undergone by her 

Ajay Sethi
Advocate, Mumbai
99791 Answers
8147 Consultations

Your sister can file cases viz., DVC, 498-A, maintenance etc.

She can also file case against her husband for marrying second time during subsisting of first marriage for bigamy.

She is entitled to maintenance from him.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Yes she can file the same. Police will take the same under recurring cause of action

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

This is a continuous offence hence there it is not barred by limitation.

She can initiate legal steps even now, better not to delay this issue anymore.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

1. If your sister's husband has married again during the pendency of his marriage with your sister, then your sister can lodge a police complaint against her husband bringing the charge of bigamy punishable with jail term for a period of 5 years with fine u/s494 of IPC.

 

2. Simultaneously she can also file a divorce suit against her husband and claim maintenance from him.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. She shall have to lodge the police complaint now alleging the crime of bigamy by her husband informing that she did not come to know about his second marriage earlier which she has come to know recently.

 

2. She shall have to claim maintenance from her husband and also ask for providing alternate accommodation for her for the rest of her life.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Dear Sir,

You sister has several options. You may file DV 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.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Your sister can file complaint u/s 494 of IPC against her husband. Without divorce second marriage is an offence under section 494 of ipc .

husband is responsible under Section 125 CrPC to maintain wife. She can claim maintenance under either the provisions of criminal law or family law.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

file petition before the Honb'le Court as per the jurisdiction under section 13 (1) Hindu Marriage Act and for maintenance under section 125 Crpc. Husband is bound to give maintenance. Alternate she can also file DV against husband.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. Your sister have to file various cases against her husband and in-laws.

2. The cases include divorce case, Maintenance case against husband and case of domestic violence against Husband and in-laws.

3. She can also lodge FIR against her husband and in-laws for cruelty against her.

4. Your sister will get what she deserves if you help her make herself strong and fight against her in-laws legally. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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