• Abandoned wife

My sister got married a man from panvel raighar district Maharashtra in February 2019.now its more than a year now.few days back her husband sent her from Mumbai to Delhi on the pretext that their was some kind of family relationships issues he was having with his parents.now after a few days when she reaches delhi her hometown the husband calls her and says let us separate from each other and he also demands complete submission before his parents like doing whatever they say.my sister says she will not be like a slave before his parents as he wants.
Also my sister says she will only go back till her husband comes and takes her back.
Guide me on the legal options I have it looks though that her in laws may have not accepted her whole heartedly after marriage.
Asked 2 years ago in Family Law
Religion: Hindu

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73 Answers

Your sister need to file an application under section 9 of Hindu Marriage Act 1955 against her husband for Restitution of Conjugal Right. 

The Family Court would direct her husband to stay with your sister taking good care of her. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

 - Firstly you should know that for your sister Divorce will be not a better result for her future. Hence, before taking Divorce decisions, she is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture & harassment. 

- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against all the person, who subjected your sister cruelty. 

- Further, if you don’t want to create problems for your sister’s husband, and proceed for divorce, then you can get divorce decree within a short period of time, after filing mutual divorce petition. 

- Further, if her husband files a divorce case , then she should take legal action against him and his family members as i mentioned above.

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

She should File DV case against husband seek protection order , alternative accommodation and maintenance and compensation for mental torture undergone by her 

alos file petition for RCR 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

1. See from the facts cited by you it looks their is not harassment or cruelty from side of husband only their is family dispute so firstly she can talk to her husband and may sort out issue in family if it is not settled she may file a petition for restitution of conjugal rights and also demand maintenance from her husband.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

She needs to decide whether she needs to stay with him or not. If not then divorce is the option. Otherwise she needs to go and stay there and file domestic violence complaint. She can also stay separately and file it along maintenance applications

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

File a section 9 RCR against her husband.

This will bound him legally to take her back.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

File a case for domestic violence and also file a case under section 125 of the crpc for maintenance. 

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

Well, it seems they all have made up their minds as it was a planned trip. Therefore file a case for maintenance and domestic violence.

If your sister doesn't want to live with him.

Otherwise negotiate through family and friends.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

1. It appears her husband has recently been put some undue influence of his parents which is nothing but ruining the marriage. 

2. Give them a free hand to sort out the differences. Ask them to spend time more away to pass private moments. 

3. It's mostly found that if couples are kept away from interference of respective families they get the marital bliss. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

1. She is free to file a petition for dissolution of marriage on the ground of cruelty.

2. If she wishes to return to her matrimonial home then she can file a petition for RCR under Section 9 of HMA.

3. She can also proceed under DV Act to seek compensation and maintenance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

Kindly serve your Sister a proper notice through an advocate for taking her back and also initiation of Domestic Violence. Else they make take the advantage of Desertion as ground for Divorce. Also when you approach the advocate kindly get prepared the notice with hints of 498A and Dowry section also, so that there doesnt remain any lapse from your part. 

A good notice or a reply to notice often helps during Trail 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

File FIR of DV and dowry demand and husband forced her to leave her matrimonial house and she with constant threat to get effected with COVID traveled to Delhi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear sir,

Please go and approach your sister husband as well family and try to know the problem as what exactly the issue is and also try to convince and reunite the parties on behalf of doing this if they do not agree then you can approach marriage counselling centres and file a complaint they will issue a notice and ask them to come for  counselling for which they have to come both the parties will sit together and they try to resolve the issue and will try to reunite even though if it wint work out then finally you can file a suit for restitution of conjugal rights under section 9 of hindu marriage act 1955!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Ask your sister to write letter to her husband asking him to take her to matrimonial house and highlight the misunderstandings to be sorted out clearly.

If he fails to respond to the said letter, she can issue notice for restitution of conjugal rights 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Getting married does not mean slavery and she have all the right to live life with dignity.

Simply by sending her back to the parental house does not mean that we can wind up the marriage.

In Delhi family court you have to file three cases against the husband one for the Restoration of conjugal rights under section 9 of Hindu marriage act and the second is maintenance under section 125 CRPC and third place should be domestic violence under section 3 and 4 of domestic violence act and let him face the music.

 

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

You are advice to file case under the provisions of the protection of women from domestic violence Act . For any wrong full act of husband or his family members you can protect yourself under the said Act

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

A man cannot abandon wife like this. Nor he can put any illegal demand. Due to covid courts not working in their full capacity, so she should right now ask him to take her home without ang illegal demands. 

2. If he does not agree then she should send a notice to him thru a lawyer asking him to take her back else she should warn him of taking action against him by filing domestic violence case against him. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

Every kind of case can file from Delhi.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

DV case can be filed in Delhi if girl is presently residing in Delhi 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Jurisdiction will be New Delhi. Spouse resided last or present residence of Wife.

Wife is residing at present at New Delhi hence New Delhi Court will have Jurisdiction to try the Petition. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- Your sister can file her case , where she is residing presently . 

- As she is residing in Delhi , hence she can file her case from Delhi 

 

You can connect me in Delhi via kaanoon.com for further advise if needed. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

Dear sir,

Where the wedding was solemnized that will be the jurisdiction to file the suit!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

See for RCR or divorce the place of jurisdiction will the place where they were married or last stayed together or now the respondent is residing, further criminal case can be filed at wife's present location. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

she can file the DV case at the place where she residing. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

You can use both the locations in this case as woman can alao file cases from her current jurisdiction. But if domestic violence and all other cruelties are from Mumbai then Mumbai will be ideal

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

1. For a legal notice it can be done through Delhi as right nw your sister is in Delhi. The courts r nt operational so send a notice thru a lawyer and wait for d husbands reply. Ask ur lawyer  to draft a strong notice which may further help u to file a case if required. 

2. As per the jurisdiction to which court applies is-- according to law either the place where they got married or they last resided. If the marriage was held in Delhi then she can file case in Delhi and and last resided together was Mumbai so Mumbai also. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

Delhi

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. Your sister can file RCR petition in Family court of Delhi against her husband if he refuse to take her with him. She can also file maintenance case against her husband.

2. She can also lodge FIR for dowry harassment against her husband.

3. If your sister wants to take legal actions then jurisdiction will be according to her convenience.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Where the cause of action arose. 

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

If your sister had been driven out from her matrimonial home for any invalid reasons, then she can file  DV case against her husband, parents in law, seeking protection, residence and monthly maintenance amount till such time he takes her back into the matrimonial fold.

Besides she can give a complaint against them for their acts of cruelty, criminal intimidation and other related offences befor police to put pressure on them to come for a compromise between them.

You can consult a lawyer  and decide further course of legal action.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

You can take legal action even from Delhi also.

 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

Domestic violence and other matrimonial disputes will have preference of girls place of residence

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

DV case can be filed in Delhi as your sister is staying in Delhi 

 

wait for courts to start working agains then file DV case 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

You can lodge the criminal complaint to the police and not befor court.

The police will summon the accused which will put pressure on them.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

K.

New Delhi Jurisdiction in all preponderance of probability and HMA 1955.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

- Courts in Delhi is expected to start its function in the middle of August,2020 , so you will have to wait .

- She is entitled to file the case from Delhi. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

See if they are married in Delhi, she may file a petition before the family court in Delhi of local jurisdiction, see online filing as per court circular may be done the court are operational vide online filing and proceedings. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear sir,

You can file a suit in Delhi court and if courts are not functioning then you have to wait until then you can seek advice from counselling centre if something can work out from there it's well and good!!

Ayesha Sultana
Advocate, Bangalore
280 Answers
1 Consultation

Not rated

Courts all over india are not operational due to Corona. Therefore it will be delayed everywhere

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Hope that courts will be operational in August, so proceed than

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You have to wait till courts start Working. 

she can file complaint from Delhi. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

But she has to file the case where cause of action arose. 

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

Taking online complains and you can file FIR directly in your jurisdictional police station. 

Woman, who is forced to leave her matrimonial home, can file a case against her estranged husband and in-laws at the place where she resides thereafter. 

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File a case in Delhi. Jurisdiction would be Delhi. She has the right to file a case where she lives.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Yes the wife can file where she ia currently living or where she got married. Ecourts are open. 


Yes the wife can file where she ia currently living or where she got married. Ecourts are open. 

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Send a notice from Delhi. Case can also be filed from Delhi. 

Sital Patil
Advocate, Kota
139 Answers

Not rated

I think Filing of new cases have started so you should confirm this from some local advocate.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1. Wife can file both divorce petition and DV case wherever she resides irrespective of where the marriage was solemnised or where she last cohabited with her spouse.

2. Wait for the regular functioning of the courts to resume.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

You can't stop anyone's behavior but complaint if you feel any illegal things are happening. She can fike complaint under domestic violence Act and other provisions if she feels such threats

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

It is fir your sister to take call whether she wants to stay with her husband or not 

 

there is no harm in going to Mumbai to stay with her 

 

if he mistreats her file poluce complaint against husband 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

File FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

To start a relationship the trust must be there.  So if she decides to commence afresh then do so with open mind.

Courts Ll over India are non operational. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
416 Consultations

5.0 on 5.0

- Your sister decisions are for saving a matrimonial life , and you should give a respect with her thought .

- Hence, she can give a chance to her husband for pass a happily life , if they create any trouble for her in Mumbai , then she can lodge her complaint there as well before departing from him.

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

If you apprehend danger at her in laws house or her husband's house , then better take an assurance from them that she she will not be harmed or she will be given full protection in their home. 

If no such promise is made then you may postpone the idea of sending her there.

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

There is a knot in relationship now. I think this will not work now. Still if God bless and everything goes good than there is no harm in taking one more chance.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. See she may ask her husband to give in writing that he will not mistreat her. Further in case any harassment is being done by in-laws family she can file police complaint in Mumbai.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

No point in assuming and presuming things and apprehending non existent things.

If she goes there, it will be WIN-WIN situation to both the parties.

Nothing wrong in giving it a try.

As apprehended, if anything adverse happens, there is always provision in criminal law and she can lodge complaint with police.

Finally it is your sister, who has to take final call as to whether, she has to continue relationship / sever the same.

Word of Caution:

Let her be alert, if any adverse situation happens, let her record the same and use it to support her.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

incase if her in-laws act badly then she can lodge police complaint. 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

It would be better to file a GD before she went there,

Regards

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

If they/her husband do not come to Delhi to pick her up and take her back to the matrimonial home, she may file a petition seeking restitution of conjugal rights and should also seek interim maintenance; off course if she’s not in a position to financially maintain herself 

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Your sister is correct in asking all this. They have betrayed her by leaving her in Delhi and then asking for divorce  fraudulently. Therefore let the husband come and explain as to what were the reasons behind this act.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Mutual consent divorce is best option 

 

it takes 6 months 

 

contested divorce proceedings take 5 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

there is no question of any disadvantage as the divorce is by mutual consent of both the parties will file a joint affadavit to it that further no allegation can either be put to any of the party concern and after the decree of divorce both r free from any allegations.

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

1. See mutual divorce is fast, hassle-free without allegations against each other and further parties may decide and mutually settle issues like maintenance or alimony. 

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

There are only advantages. As you get divorce at your terms otherwise contested divorce drags in court and is wastage of your quality time

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

The advantage of mutual consent divorce is that the conditions for divorce including maintenance,  alimony,  return of articles,  and other issues can be settled before the petition is filed and also it will be the fastest mode of disposal of divorce case.

If it's a contested divorce case then it will stretch for years without any result and the final result may or may not favor you. 

You can decide 

T Kalaiselvan
Advocate, Vellore
80016 Answers
1674 Consultations

5.0 on 5.0

In mutual consent the hassle would be lesser and both of them can be free from the knot, else it would continue for years. Always claim a lumpsum amount and let them ask for mutual consent.

Regards

Swarupananda Neogi
Advocate, Kolkata
2951 Answers
6 Consultations

4.7 on 5.0

If you are satisfied with the terms and conditions as agreed upon by the parties tgen mutual is best as you both are separated peacefully.

If she wants more alimony and maintenance and her demands are not satisfied then go for a contested divorce.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

Mutual is best if husband agree to her terms and settlement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

- The easiest way to get divorce in a short period of time is Mutual divorce , where both of them can decide the terms and conditions of separation mutually , and your sister can get one time alimony  etc at the time of filing of the mutual petition before the court.

- Whereas contested divorce can take much time , and hence needs litigation cost more than a mutual divorce. 

Mohammed Shahzad
Advocate, Delhi
10663 Answers
132 Consultations

5.0 on 5.0

Dear Sir,

Mutual Consent divorce is with the consent of both the parties in which you enter into settlement terms without courts interference and thus save your valuable time and money.

Only the alimony part is often a concern in mutual consent divorce.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

First & Best advantage is TIME within 6 to 8 months it will be completed and both of them can lead their life.

No point in contesting case, it will take minimum 5 to 7 YEARS, apart from loss of money, time and depression.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Get it done mutually 

Don't waste time and money in contesting the case.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

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