• Legal advice to take my sister out of harassment from her husband

My sister is in deep trouble. She has lost her self independent. She is not free to talk to me or father and mother. She is not free to meet/call us from past 2 years.
She is working and earning good.
She is paying home loan emi.
She had 2 kids
Financially she is strong to take her decision by own. But due to some strong threat by her husband  she has lost control of herself and forced to do whatever her husband wants her to do. Her husband said to my father that he is a man(Gharwala) and can do whatever he wants. My sister is totally under his control and will never say any thing against him. 
I want her to come out of this harassment. She deserve her dignity back. Kindly suggest legal way to take her out of this. 

Please help  she is not in a state to help herself.
Her life is worst then animals. Her husband has full control of her.
Asked 2 years ago in Family Law from Kharar, Punjab
Religion: Sikh
Hello,
Your sister has to help herself. She can file a police complaint and if she cannot you or your family members have to approach police and file a police complaint and file a DV case against her husband and his family members.
Make sure that your sister is aware of the steps you are taking so that she gives appropriate response during police investigation. Engage a lawyer locally to help you with drafting the petition. Act as soon as possible.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Hi,
 1. Any of her family members, parents or siblings who knows about her trouble can complaint to the police and an FIR  can be filed against the husband or a report of domestic violence can be made and can be submitted before the magistrate under protection of women from domestic violence Act,2005,
  Your whole family should support  your sister to collect courage to come out and stand against he husband. If she is earning  and can run a family she should make herself strong enough to fight against the harassment and cruelty she undergoes with her husband. if she is worried about the physical abuse from her husband she can call for help from police . If it is an emotional blackmailing she should collect herself to come out of it with your family help . 
a] She can file FIR under 498A 
b] she can file a domestic violence petition and ask for protection, prohibition order from her husband, custody orders of  her kids, and also get a residence order and make her husband to be out of her home where she stays with her children. This also includes, a prohibitory order against husband that he will not trouble her, in her at home, working place, over mail, telephone, or through any other means of communication .
c] If her husband does not mend his ways your sister should file for divorce on cruelty grounds.
2. make your sister understand that she can not live her life in threat and fear.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1) If you have reasonable apprehension that she is being harmed physically, you may talk to her personally visiting her home and ask her to file a case under the Domestic Violence Act, 2005. 

2) From the facts, it looks she is in kind of 'Stockholm Syndrome' and unable to come out from it. Take her out for some days and talk to her about her issues. 

3) There are plenty of options for her if she is living in stressful married life. She can ask for divorce, get maintenance for herself, kids. 

4) However, unless she comes forward, there are limited ways to get the situation addressed well.
Deepak Tiwari
Advocate, New Delhi
40 Answers
8 Consultations
4.7 on 5.0
1. You are not so clear on the points of 'control' your sister is subjected to.
2.If the so called control is not hampering her marital life, this can be ignored.
3. It is true that in many Indian households the married wife listens to their husbands and there is nothing wrong in it as long as the same remains within a certain boundary.
4. in any case you can talk to your sister in private to know if she is happy in her present circumstances or not.
Devajyoti Barman
Advocate, Kolkata
5244 Answers
54 Consultations
4.9 on 5.0
first & formost thing your sister has to help herself. if she is ready then there are lot of ways in law to help. but if she is satisfied then you need not to interfere
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. You have not explained as to how your sister is ''not free to meet or call you/her father''. Does her husband coerce her to not to speak to you or your father? Without a shadow of doubt your sister deserves to live a dignified life, but the legal recourse to regaining her dignity has to be initiated by her alone. Your sister has tonnes of legal remedies to pursue. Some of them are mentioned below.

2. She can file a case for domestic violence against her husband to seek a restraint order on the abuse and humiliation suffered by her. If the restraint order is violated by her husband then he can be arrested and imprisoned. She may also seek accommodation at a different place at the expense of her husband. 

3. If she has been harassed in relation to dowry then she can file a criminal case against her husband. She may also claim financial support for herself and her two kids from her husband by moving to court. Last but not least, she can file for divorce.

4. She may also file a case for child custody to claim the custody of her children. If she is earning more than her husband  then the custody will in all likelihood be given to her.

5. If your sister has been held against her will by her husband and the restraint imposed on her independence is prejudicial to her physical and/or mental well being then you may on her behalf move to High Court for her release. This is the only legal remedy which you or any of your family members may pursue on her behalf, but it is strictly subject to the two conditions mentioned by me.

6. Contact a lawyer personally to chart out the legal recourse.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. first of all she must live separately from her husband.

2.then file divorce petition in court on ground of mental creulty and mental torture.

3.file petition for maintenance for her 2 kids in court.

4.you must give her moral courage so that she is able to take all these steps in order to come out of the hell in which she is living.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) your sister is financially independent and is paying EMI of the house . 

2) she is also doing difficult job of managing both her home and career. 

3) if she is victim of domestic violence any member of her family can file complaint under DV against her husband and in laws

4) but unless your sister gather courage and is willing to depose against her husband she wont get any reliefs . 

5) she should not worry about kids as custody of children is generally awarded to mother . 

6) she can file complaint of 498A against her husband . 

7) she can also file for divorce on grounds of mental cruelty. 

8) better contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23339 Answers
1220 Consultations
5.0 on 5.0
1. Before you "want her to come out of this harassment", she should want it,

2. She is an adult educated working lady and if she does not mind staying in that situation then no body can help her,

3. Husband having full control on wife does not necessarily signify animal life. On the contrary, animal males have no control on their females,

4. However, if your sister feels that she is being toutured and if she decided to fight back which includes termination of her matrimonial relationship, then she has to come out of her husband's house with her kids to tale legal action,

5. She can file complaint u/s498A of IPC, file cases u/s125 of Cr.P.C for maintenance of her kids, DV Act and also file divorce suit claiming adequate amount towards alimony,

6. For filing the above cases/complaint, she has to collect adequate evidence,

7. Again pointing out that the choice is hers and not yours.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
You can  lodge a police complaint for the same in the vanitha commission or in the nearest police station if you meet some womens sociology organisation they will help you
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
Dear Querist
if she is not able to go against her husband then nobody can do any thing against her husband. suppose you filed any complaint against her husband and police inquired the same and she said that there is no fight or other things against the husband and she is happy with him then police may take cognizance against you for filing false complaint u/s 182 of IPC.
so it will be better to contact her husband and try to settle the matter amicably.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0

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