• My sister affected with domestic violence

My sister got married 3 years back .In the first year of her marriage,it was going well.After One year,Her husband's brother (elder)harassed mentally and tortured emotionally.Sister's husband and husband's brother are living as a joint family. Husband's brother treating my sister and Brother-in-Law as a Slaves in agricultural fields and even not providing minimum basic facilities to live.Sister's husband has NO independent thinking,mentally retarded ,unstable person and no guts to come out from his brother and start living with my sister.We tried hard to settle the matter amicably,But no progress from past one year.DV case has filed in local court.Even after that they are harassing in the name of village elders.Now they want to give divorce to my sister with the support of their village elders and not willing to pay Single rupee..They want to do this by threatining.
Now ,there is no scope for sister to continue this marriage relation.How my sister get a share in the property of her husband and how to punish husband's brother ,who has done all this to get property of sister's husband.
Where to approach/which court to settle the matter and get justice to my sister...
Asked 7 months ago in Family Law from Vijayawada, Andhra Pradesh
Religion: Hindu
1) your sister cannot claim any share I husband properties 

2) she only has right to stay in her matrimonial home where her husband has share 

3) it is her husband responsibility to maintain her 

4) sister should not agree for divorce unless her husband agrees to pay her alimony 

5)contested divorce would take 5 years to be disposed of 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. Has the court not decided the interim application filed by your sister in DV case? If the answer is in negative then move the High Court for an expeditious disposal of the case. The priority should be to obtain interim relief from the court.

2. Your sister is free to file for maintenance against her husband if he wants to rid her without undergoing the ordeal of shelling out a one time settlement in her favour.

3. Under the Indian law a wife has no share in the property of her husband.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
1) if these properties are ancestral then sister husband would have share in the properties

2)sister can claim right to stay in the matrimonial home 

3) seek maintenance and other reliefs

4)in case sister files for divorce she can seek alimony from family court 

5) sister can file 498A case against husband and brother . if convicted they would be sentenced to imprisonment 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Not only domestic violence case but also the complaint for cruelty including dowry demand harassment should be lodged against all those people who are responsible for the tortures and cruelties meted out to her.
She should not accept the decision of divorce by the local village elders at the instigation of her parent in law.
If there is any pressure or force by them in this regard, this also should be included in the complaint.
She cannot claim any share in their property during her husband's life time, but she can very well claim maintenance if she has been driven out of her matrimonial home.
She can even file an injunction suit against alienation of their property to create a charge on the property for the grant of maintenance amount by court under domestic violence or under other civil laws.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1.Properties(Lands and Buildings) are ancestral properties..These properties are not devided between Brothers...Now these properties are in the name of Father-In-Law.

If there are no children out of their wedlock, she cannot claim a share in it for herself during her husband's life time.







2.Even Husband's brother not allowing my sister to stay with her husband in ancestral home.Even her husband Not showing any interest to continue relation with my sister.

She should resist his atrocity and if it is beyond her limit, she can lodge a criminal complaint against him.






3.Now they are very stubborn,rude and want to settle out of court by threatining and not willing to pay single rupee as a Alimony.

She can file RCR as well as maintenance case agaisnt her husband







4.DV case filed in Local court adjourned once in March 16 and next adjournment is in June,16....As of Judge not listened in detail about the DV case...From husband's side,No lawyer represented in court...

This will go on as per the prevailing circumstances, dont lose your confidence, keep a track of it, besides you may ask her to lodge a criminal complaint under section 498a and dowry prohibition act too.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Your sister can get maintenance and right to residence in her matrimonial home only if the interim application is decided, to this end she may move the HC. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

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