• Need divorce, maintenance

Hi team,

My sister got marriged in April 2015 in vidisa(MP)  and and after her marriage the people from her inlaws house start creating problem in her life. 
I am explaining the issue in short which she faced:

1)Husband is having affair with another girl Anita who is staying in khandwa since last 15 years and inlawas house didnt informed before marriage about this affair
2)His husand use to talk with her Anita infront of my sister and when she oppose her his hasband and husbands mom start creating the problem in her life
3)Husband's mother start saying vulgar language to my sister about my family and family members in a daily manner to create the mental pressure and my sister start 

feeling uncomfortable with the husband's family and husband.
4)Hasband start mental pressure to accept her girlfried anita and treating my sister as a servent in his home. 
5)Inlawas & husband start asking the dowry again and again and start harassment of my sister in terms of physical and mental both.

my sister is a post graduate and she did MA in economics from Gwalior and now she is staying with my family in navi mumbai and undergoing with the neurologist 

treatment in navi mumbai to recover her health again.

6)I got to know that her Husband undego one serious road accident in few years back durings bike driving in khandwa  and after that his mental helath is not upto the 

mark

7)Her husband dont have father and and his in husband family there is a mom, one elder married sister who come back to her home due post marrige issues and one younger 

sister.

8)Husband elder sister got marriage in few years back and she had some internal dispute/issue with her Huby and now she is staying with husband mom in vidisha

9)Husband mom and these two sister are staying in vidisha MP near to BHOPAL city with their own house

10)Husband got the job after his father death and he is working near to khandwa city and staying in the rented house and he is having affair with the girl on the same 

place sincle last 15 years 


11)Housband mon is having one more home in MP itself and they give on rent and eraning rented money as well.

12)Currently husband is earning rupess 16000 per month with his govt teaching job

13)Husband mom is geeting pansion in a per month basis becasue she is principle person in Husband family.



Initiative took by me:


1)When my sister informed to me about the issue which she was facing after her marriage then we immidiately visit the place near to khandwa(MP)where the husaband is 

staying and doing job and intimated the nearest police station about the activities going on with my sister.Infornt of the police inspector i discussed and informed 

evertying and poilce invitied her husband and her mom to come in police stationa and ask her mom do you know your boy is having affair and husband mom denied to 

accept. After that police put some pressure and husband mom accepted the truth and police inspecter advised to stop all these non sense activities and live a Happy 

marriage life with my sister and requsted the husband in future pls dont talk with the girlfriend and stop Harassment. 


2)I asked her husband why you are not intimated to me and my sister before the marriage about your affair & major accident which was happend in past and why you are 

creating problem in my sister's life and not accepting her so he told me your sister is having so many issues like she dont know cooking,she always argue with me,and 

she dont know anything how to live in a family so i requested i will help on this point if you are having these issue but why you are doing unsocial activies and 

talking with girl and harrasing my sister to hide your black character but that guy is not ready to listen and undestand my reqest.I feel the guy and his family is 

totally involved in unsocial activities and they cheated with me and my father. 

3)My sister faced two time murder attak from her husband side and daily her husband use to put many slapped on sister face and when she use to appose and request his 

husband to stop talking with her girfriend and but still her husband spending time to outside gettogether with her girfriend and want to give more mental pressure and 

harrasing to my sister and marking plan with her girlfriend to create as much as mental and physical pressure on my sister so either my sister can do socide or she can 

go for divorse.

4)Finally We took the decision to vacant her husband place where he was staying near to khandwa 


5) I feel our decision was wrong to marry my sister to this character less and mentally unfit guy and we are in pressure how my sister will survive in future becasue 

my 68 year old father is already retired and currently staying in Gwalior(MP) and they dont have any more fund which they can provide to her Husband 

6)To give the best from my side i took the decision that my sister will stay with me and i start her treatment with one very good neurologist,MD, doctor to recover her 

health and now i m planning to involve her in youga classes as well.

  
7)I dont have much knowlege how to proceed futher to give a new life to my sister and help to put the following case against her husband and husband family.
Can any one help and suggest if i want to go ahead with the following cases against her inlawas and her husband then what is the prcedure Kindly Let me know how i can 

go ahead with Advisory, Drafting & filing of Paper work, Court Apperaances etc 
 

I)Domestic Violence as defined under Sec. 498A, Indian Penal Code(Because they put my sister out of the house and she stay her nighbour house for two days) Place ->at 

near to khandwa
II)maintenance in CrPC-125(Because My sister was not invlolve in any kind of job and she is completely depend on her husband and she dont have any source of income)-

>At my native place in MP where my father is currently residing
III)Dowry Act(Husband and his family asked many time after marriage for the Streedhan and she is being pressurized to leave the matrimonial home,)->at her inlaws place 

where my sister went after her marriage in MP
IV)divorce->At my native place gwalior in MP where my sister parents is currently residing


i feel when i went near to khanwa to help my sister that time itself i need to request the police to go for my sister medical checkup and prepaire the medical report 

with police FIR but that time becasue i was thinking for the patching between this nearly married couple but now my sister staying with me
and she shared the every thing and i decided that my sister husband and his family is totally unhuman and what they did with my sister is totally unsocial and 

unethical so there is no meaning to send back my sister again in her inlwas house in vidisha or khandwa where husband is working becasue if i send then may be she 

willloose her life forever.So kindly help me and approach me directly on my cell phone or email id to provide me the best guidence to punish these type of people and 

help to provide the justice of my sister.




Sourabh-Mob-9022804507
email id:keele.thompson@gmail.com

Kindly dont share this case and my request on any social meida and on this wesite and keep everything is confidentail.

Thanks in Advance..
Asked 1 year ago in Family Law from Navi Mumbai, Maharashtra
Religion: Hindu
1) your sister can file domestic violence case against her husband before the magistrate court wherein she is residing and seek alternative accommodation maintenance and other reliefs 

2) your sister can file 498A against husband for acts of cruelty and dowry harassment within jurisdiction of local police station wherein the offence was committed 

3) since marriage was solemnised in April 2015 divorce petition can be filed only on expiry of 1 year of date of marriage . 

4) the girl with whom her husband is having an affair should be made a co respondent

5) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
Now that your sister is back home kindly immediately lodge a police complaint at a police station closest to your house that on account of physical and mental torture and repeated dowry demands your sister has left her matrimonial home and currently undergoing medical treatment. Also do mention about the death threat attack your sister got from her husband and see to it that the police official is mentioning all these things. 

Also get one copy of the police complaint for your own record. Once your sister recovers if she wants divorce file for it or you may file for maintenance. 

Regds, 

Adv. Payal 
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0
Hi, your sister can't file a divorce petition as of now as she is not completed her 1 year of marriage.

2. She can file a petition under demostic violence act  and also sought for maintenance in the same petitoin.

3. Simultaneously your sister also file for maintenance under section 125 of the Criminal Procedure Code.

4. She can also lodge a police Complaint under section 498/A of the Indian Penal Code. 
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1. Your sister has multiple legal remedies.

2. She can file a case for attempt to murder, assault and dowry violence against her husband and in-laws. They can be punished for 10 years in jail if found guilty.

3. She can also file a complaint for domestic violence against her husband and in-laws to claim heavy compensation for the harassment suffered by her at their hands. 

4. She can also sue her husband for maintenance.

5. Last but not least, she is at liberty to file for divorce on the basis of mental cruelty.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
The solution before you is to lodge a complaint with the police for acts of cruelty by husband and his relatives on her (section 498a), for not  returning her properties including her gold jewels and other articles (section 406), for assaulting and criminal intimidation (section 323, 324 and 506), for demanding dowry and harassment thereto(Section 4 of DP act) a complaint or petition under section 12 of protection of women against domestic violence act seeking maintenance, protection and return of articles and residential rights; a maintenance case  under section 125 crpc  and  after one year of marriage divorce case on the grounds of cruelty.
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
1.  If you take up the matter before the ciourt, you shall have to be brief in your submission to be more effective,

2. Hope your sister has collected enough evidence including audio taping all their abusive conversations, demand for dowry and also his adulterous relationship,,

3. Send a written complaint about dowry harassmenet and also his adulterous relationship to the police station of the place where her husband stays under copy to the S.P./D.C,

4. If police does not act, file a petition before the District Judge u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your complaint,

5. After that file a DV case claiming for maintenance,

6. If your sister agrees, she can file a divorce suit claiming adequate amount of alimony,

7. If police fails to act even after court order, file a writ petition against police inaction. 
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1) yes your sister can file DV case in Navi Mumbai wherein she is residing and seek alternative accommodation , maintenance and other reliefs . it is not necessary to file separate case for maintenance under section 125 Cr Pc 

2) 498A case should be ideally filed in Vidisha police station 

3) you can engage any local  lawyer for filing domestic violence case who deals in such kind of cases . 

4) divorce case can also be filed in Navi Mumbai wherein your sister is currently residing after expiry of 1 year from date of marriage

5) DV cases take around 5 years to be disposed of in Mumbai 
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 587 of 2008 (Arising out of Special Leave Petition (Crl.) No. 79 of 2006)
Decided On: 02.04.2008
Appellants: Bhura Ram and Ors.
Vs.
Respondent: State of Rajasthan and Anr.
Hon'ble Judges:
P.P. Naolekar and V.S. Sirpurkar, JJ.
Counsels:
For Appellant/Petitioner/Plaintiff: K.V. Vishwanathan and Naresh Kumar, Advs
For Respondents/Defendant: Milind Kumar and Aruneshwar Gupta, Advs.
Subject: Criminal
Catch Words
Mentioned IN
Acts/Rules/Orders:
Criminal Procedure Code (CrPC) - Section 156(3); Indian Penal Code - Sections 406 and 498A
Cases Referred:
Y. Abraham Ajith and Ors. v. Inspector of Police, Chennai and Anr. MANU/SC/0635/2004
Prior History:
From the final Judgment and Order dated 25.8.2004 of the High Court of Judicature for
Rajasthan at Jodhpur in S.B. Crl. Misc. P. No. 626/2004
Disposition:
Appeal allowed
Citing Reference:
Case Note:
Civil – Jurisdiction of Court to try case – Whether a Court where a part of cause of
action did not arise had jurisdiction to try the suit – Held, it was held in Y. Abraham
Ajith and Ors. v. Inspector of Police, Chennai and Anr that cause of action having
arisen within the jurisdiction of the court where the offence was committed, could not
be tried by the court where no part of offence was committed – Therefore, in the
present case as no part of cause of action arose within limits of court, Magistrate had

no jurisdiction to try the suit. . Appeal allowed.
Ratio Decidendi:
Cause of action having arisen within the jurisdiction of the Court where the offence
was committed, could not be tried by the Court where no part of offence was
committed.
JUDGMENT
P.P. Naolekar, J.
1. Leave granted.
2. The complainant Rajeshwari lodged a complaint on 4.9.2001 before the learned Additional
Chief Judicial Magistrate, Sri Ganganagar against the appellants. The complaint under Section
156(3) of the Code of Criminal Procedure was sent to the Police Station, Sadar Sri Ganganagar
for investigation on which FIR No. 246 of 2001 was registered against the appellants for
offences under Sections 498A, 406 and 147 of the Indian Penal Code (IPC). Challan was filed
against the appellants in the Court of learned Additional Chief Judicial Magistrate, Sri Ganga
Nagar. The charges were framed against the appellants for offences under Sections 498A and
406 IPC. The appellants made a prayer before the Court that the Court of Additional Chief
Judicial Magistrate had no jurisdiction to try the offences as the cause of action accrued within
the jurisdiction of the other court. The application was rejected. The Revision Petition before the
learned Sessions Judge, Sri Ganganagar was also rejected. The High Court dismissed the S.B.
Criminal Miscellaneous Petition preferred by the appellants holding that although the marriage
was solemnized at Village Ramsara, Tehsil Abohar, District Ferozpur, and right from the
marriage, the complainant and her husband Ravindra Kumar were living in Punjab with her inlaws
and her husband had died, and that she is now residing in Sri Ganganagar District in
Rajasthan along with her maternal relations, but still offence under Section 498A IPC, being a
continuing one, the complaint cannot be dismissed on the ground that it was time barred; and
that the offence of cruelty being a continuing offence is still continuing with the local area of
Rajasthan, where at present the complainant is living and, therefore, the Additional Chief
Judicial Magistrate, Sri Ganganagar had jurisdiction to try the case. The Court has found that all
the allegations regarding the offences charged with have been committed at the previous
residence of the complainant.
3. It is contended by the learned Counsel for the appellants that the question involved is
squarely covered by the decision of this Court in Y. Abraham Ajith and Ors. v. Inspector of
Police, Chennai and Anr. : 2004CriLJ4180 , wherein this Court has held
that cause of action having arisen within the jurisdiction of the court where the offence was
committed, could not be tried by the court where no part of offence was committed.
4. The facts stated in the complaint disclose that the complainant left the place where she was
residing with her husband and in-laws and came to the city of Sri Ganganagar, State of
Rajasthan and that all the alleged acts as per the complaint had taken place in the State of
Punjab. The Court at Rajasthan does not have the jurisdiction to deal with the matter. On the
basis of the factual scenario disclosed by the complainant in the complaint, the inevitable
conclusion is that no part of cause of action arose in Rajasthan and, therefore, the Magistrate
concerned has no jurisdiction to deal with the matter. As a consequence thereof, the
proceedings before the Additional Chief Judicial Magistrate, Sri Ganganagar are quashed. The
complaint be returned to the complainant and if she so wishes she may file the same in the
appropriate court to be dealt with in accordance with law.
5. The appeal is accordingly allowed
Ajay Sethi
Advocate, Mumbai
23142 Answers
1215 Consultations
5.0 on 5.0
1. Your sister has lodged a 26 point complaint by writing on a piece of paper but has she taken any acknowledgement of receipt of her said complaint? If not thwn she does not have any proof of her complaint and no FIR will be filed by the police. Everything happened there went unrecorded and later on police may deny any such incidence,

2, Send a complaint letter to the said police station under copy to the S.P. of that area and detail the incidence of your sister's earlier complaint when her in laws wer called by the police,

3. After that file the application u/s156(3) before the Court having jurisdiction on that particular police station ad advised in my earlier post,

4. Next, your sister can file DV case at the place where she is residing now,

5.Act as advised in my earlier post,

6. Your sister will get her maintenance from the date of her application while filing DV case at Navi Mumbai where she is currently staying,

7.The 498A complaint filed at the police station where her inlaws stays will be taken care of by the police and she does not have to go there,

8. The DV case will take around 2 years to be disposed of.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
1. Since her husband has committed adultery your sister can file for divorce without waiting for a year to expire from the date of her marriage.

2. She can file for divorce where she last stayed with her husband or where the marriage took place.

3. The cost is only the fee of your lawyer which will made known to you on an inquiry by him.
Ashish Davessar
Advocate, Jaipur
18061 Answers
446 Consultations
5.0 on 5.0
Instead of asking so many question on the same subject repeatedly that too even after getting proper replies from expert lawyers of this portal you can getter get into action of filing the different cases as suggested as per you convenience but immediately. The more you delay to initiate proper action, the more you will get confused and run around without finding any solution despite getting best advises and solutions to your prevailing problems. 
For Domestic violence case, maintenance case under section 125 c.r.p.c and also 498a case, she does not have to travel outside Mumbai for filing the said cases, she can very well file them within the jurisdictions of your/her residential address. Also you need not go for different lawyers for different cases, you can engage one single lawyer to handle all the proposed cases. First of all consult a lawyer in the local for further guidance and then return if you still have more doubts on the subject. 
T Kalaiselvan
Advocate, Vellore
13944 Answers
127 Consultations
5.0 on 5.0
Yes please do get the copy of the complaint filed in the police station as a matter of proof that you took some immediate steps after your sister has been back home. 

If your sister is residing in Mumbai she can initiate court proceedings from Mumbai too. 

If you are in a hurry then you can file for mutual consent divorce (again from Mumbai if you want) and claim alimony from him. 


Regds, 

Adv. Payal
Payal Arora
Advocate, Pune
331 Answers
7 Consultations
4.1 on 5.0

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