Sister's life is ruined after marriage
I'm here to seek an advice for my sister. After so much hardship we got her married to low-middle class family in Dec' 2012 and we have given lot of things in marriage. Soon after marriage her husband and In-laws started abusing and treating her badly. They don't directly ask for money, but her In-Laws keep on saying that we'll get her husband re-married and he'll leave you.
In August due to domestic tension her first baby got mis-carrieged and her husband ran away to his home. Some how her husband come back to take her, but on one condition her they will not live with In-Laws/Husband family and start living on rented house.
In rented house He keep on torchering her and keep on giving blames, didn't provided food and facilities. We raised complaint to her husband many times and asked police to intervene but police didn't listen to us and supported her husband in all matters. She was expecting 2nd time, then her husband ask her to drop the child. when she come to us, we asked her not to go back and decided to talk to family with all people of society.
When we went to her In-laws they said we don't know about anything and we don't have any relation with their son (Husband) and he don't live with us and he live with some building material supplier person, go talk to that person name Sharma.
We went to talk to Sharma, who said to us that He (husband) will leave her and do what you can do, Police is with me and everyone is with me.
We filed a complaint in CAW Cell in north delhi, we went on to 8 dates at least for 1 year and her Husband initially come alone without family member and only with Sharma and give false reason of wrong character. after 2 dates he stopped coming to CAW cell. He just refuse to come to CAW and said do what you can do. I have asked CAW people to do something,they said we can't do anything expect to send reminder and letters.
As of now,my sister have got Baby girl of 5 months, we again try to initiate the talk and ask her husband family member to resolve the issue. They again said do what you can do, Sharma is with us and their is so many flaws in law you can held us accountable as we have already given in newspaper that their son don't live with them and he is Bedhakal from Family.
What do I do now ????????
You advice will be really appreciated.
Asked in Criminal Law from New Delhi, Delhi
1. Police can register the case against your brother-in-law and proceed to arrest him if he has dishonoured the reminders of CAW.
2. Your sister has many legal rights which she can enforce through court against him. She can directly file a criminal case against her husband for dowry harassment and assault in the court.
3. She may also sue her husband for maintenance for herself and her child as it is his duty to financially support both of them.
4. She may also file a case for domestic violence to claim the right to reside with her husband without any harassment. Additionally. she can also claim compensation for the torture suffered by her.
5. Last but not least she can file for divorce on the basis of cruelty.
The immediate steps to be taken:
1) Lodge a complaint with the jurisdictional local police for acts of cruelty and dowry harassment against husband, parents of husband, that well wisher Sharma seeking strict action against the offenders as per law; this may be escalated with the top police officials of the state quoting the reluctance and lethargy of the police on the complaint if no proper action or response received from police on complaint;
2) Report domestic violence and make a complaint on the subject directly with the judicial magistrate impleading husband and his parents', seek protection, maintenance and residential rights'
3)File a maintenance case under section 125 cr.p.c. for both your sister and the baby;
4)File a petition under section 9 of HMA for restitution of conjugal rights and in that also ask for the relief of interim maintenance under section 24 of HM Act.
5)Engage a good advocate who may not shift sides at a later stage.
first of think what do you want?
if they are not ready to settle the matter amicably then there is no other option except file the cases against him before the court and registered the FIR against him. approach the CAW cell for registered the FIR.
apart from the FIR, immediately file a complaint under section 12 of protection of domestic violence act-2005 before the magistrate Court read with section 18/19/20/21/22 of the act and claim for protection, right to residence, monetary relief, child custody and compensation.
if she is unable to maintain herself then she may also file a maintenance case before family court u/s 125 of Cr.P.C. and claim maintenance for herself and for the baby.
if she wants divorce then she may file a divorce case against him before family court under section 13(1)(ia) of Hindu Marriage Act-1955
you may contact personally or over the phone after pay the consultation fee which is very nominal.
Advocate, New Delhi
Is the husband providing any money to your sister if not then she can file maintenance case against her husband asking for money for herself and her daughter.
She may also file domestic violence against her husband and her in-laws for torturing her mentally and physically because of which she had a miscarriage in the past. If you have any report of CAW then you may attach that in your complaint saying they are not cooperating.
If she doesn't wish to continue with her marriage then apart from above complaints then she may file a divorce petition also.
1. You should have already lodged police complaint u/s498A before,
2. However, try to collect evidence of all their torture and harassment on your sister by audio/vide recording or any such measure,
3. Lodge a police complaint u/s 498A of IPC against dowry harassment,
4. File a DV case complaining against their domestic violence claiming maintenance for her and her daughter and also seperate accomodation for herself and her daughter,
5. Since there is nothing left from this marriage anymore, she can file a divorce suit claiming sustantial amount of compensation, if she so decides, and start her life afresh after collecting the compensation.