• Sister's marriage trouble

Sir my sister has been married for a year and a half now and she has a 7 month old baby too. her husband and in laws are torturing her for some petty things that happened during marriage. they are even pressurizing her to leave her job ( which they had agreed that she can continue even after marriage) but she refused. she is being harassed by them to the extent that they assaulted her, after which she came back to our house. all this happened 4 months back during which time the husband has been neglecting my sister's calls and not seen the child (its a girl). now when we wanted to solve the issue and send her back to her husband's house they are demanding that she can come only when she resigns her job and give it in writing on judicial bond that she will not go back to work and will be accepting to all the things they say or do to her. we are clueless about what to do in this situation. please advice. should she file a dv?
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
This is a very cruel act and demand by the husband of your sister to mask her to resign the job and only then she will be entitled to return to the matrimonial home.  She can very well initiate process to file a domestic violence caes against all those who tortured her and can seek protection as well as residential rights.  Ind face if she wants to go back to her matrimonial home, nobody can stop from from re-enter the house because she is still legally wedded wife of her husband. 
She can take the help of police if her husband and his family members torture her or prevent her entry into the house. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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She can very well claim the action as one intended for self defence.  If at all they have video of that incidence, there will arise lot of questions about it right from its originality and the reasons for taking a video when their life was at peril etc.  Its falsity can be proved by quizzing them properly during cross examination if at all they may foist a false case.  They may be simply threatening, if they persistently indulge in such threatening activities you may ask them to go ahead which can be challenged if they dare to go with the false case. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
1) your sister should file Dv case and seek right to stay in matrimonial home against her husband 

2) she should also seek a protection order against her husband and in laws 

3) in addition she should seek maintenance for the child 

4) your sister cannot be forced to resign her job 

5) no need to execute any judicial bond 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
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1) your sister had taken knife in hand to protect herself 

2) when your sister was assaulted she should have immediately filed police complaint and take n doctor certificate as to nature of injuries 
Ajay Sethi
Advocate, Mumbai
23337 Answers
1220 Consultations
5.0 on 5.0
1. If your sister wishes to return to her husband then she can seek a protection order from the court to stop further harassment to her in her matrimonial home. 

2. Your sister can also seek compensation for the violence she suffered at the hands of her husband and in-laws.

3. Criminal charges for assault, which can lead to the arrest of her husband and in-laws, can also be filed.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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