• Domestic violence

I would like to take legal advice for my Sister who is facing serious problem in her husband home (sasuraal) :

My Sister got married in Feb’2015 at District – Gorakhpur, Uttarpradesh and was stayed her husband home for around one and half month and then came to us (her mother home to attend her master course exam). As her husband work in IT company and he also stayed with her for around 20 days after marriage and then went to USA for job. Further her husband came back to USA on leave after 12 months and took her (my sister) to his home (Gorakhpur) and again he stayed with her for next 18 days and then back to USA for his job.

My Sister’s husband family consist of his father and mother has started creating problems like they didn’t allow her to go out of room, force her to wake up at 4 a.m in early morning to start kitchen and other work, started misbehaving in terms of talking to her; finding mistakes in every sort of activities like in cooking, cleaning, washing clothes etc. When my sister updated all these issues to her husband then he said that you know my parents is of old thoughts and you have face then for next couple of months till I get back from USA after completion of my project. As my sister got convinced tried her best to adapt with the situations.

In feb’16 my sister was down with fever and cough/cold and her husband asked her to get ready to visit doctor then her father in laws (sister’s sasur) told his husband in a very disrespectful tone that she is completed her education in nursing then how she can sick and/or down with fever. “Show me her certificate of nursing”. Her husband told his father that don’t talk wrong thing in wrong time and took her to doctor where doctor advice her husband that she seems to be under depression and panic; please provide her conducive environment to adjust further.

Further the problems of torture/embarrassing increases like any thing: one day; her mother in laws became sick and doctor advice her to take injection for further relief the she asked to my sister (who is diploma holder in nursing) to provide injection then sister told her to arrange disposable syringe then they (both mother and father in laws) start quarrel with her and blamed that “you have done nursing diploma and you don’t keep syringe with yourself and used abusive language and blame to her parents by saying that your parent has not given to us what they said etc.. (seems greedy approach)..

Next day; they (her mother and father in laws) asked her to prepare list of groceries for purchase and they took list from her and again stared quarrel with my sister by saying abusive language like from which school you passed out; you even don’t know how to write’.

When my sisters updated all these said above issues to her husband then he has also started avoiding her by not listening properly about his parent issues; when she asked that when you come; then he always replied that it is difficult to say exactly.    

In last but not the least what we observed that my sister husband has only stayed for a month with my sister out of around one and half years of her marriage and still he is not confirming about his back to Indian (as he has not spent sufficient time with my sister which is important to established understanding in new relationship); secondly; her husband is  well aware about the behaviour of his parent; despite not coming forward to make them understand and/or to raise his voice to stop nuisance. 

My sister’s husband family also trying to misguide  him (her husband) and creating negativity against sister and recently my sister’s father in laws also made a call to me and complained against my sister that she is unable to adjust and always reacting while the reality is that they are creating such environment to torture her. 

I would further requesting you to furnish your valuable suggestion to deal with such situation;  as I am thinking to take face to face talk first to resolve the problem and if things doesn’t get into right track then what could be the possible option; please suggest sir. 

Her life is getting worst and she is becoming tormented soul..

With Regards,
Asked 2 years ago in Family Law from Bokaro Steel City, Jharkhand
Religion: Hindu
1) your sister should send an email or letter to her husband placing on record the mental torture faced by her after marriage 

2) request her husband to call her to USA so that both can lead a happy married life . She should mention that in 15 months of marriage they have hardly stayed together for period of a month 

3) if husband does not respond fine DV case and seek alternative accommodation , maintenance and protection order against in laws and husband 

4) also file 498A case for continuous  acts of cruelty by husband and in laws
Ajay Sethi
Advocate, Mumbai
44362 Answers
2575 Consultations

5.0 on 5.0

This is another case of development of trivial issues in the day to day affairs in a matrimonial home faced by daughters in law.
The question is that your brother in law who has been living at foreign country separately ever since the marriage has to take steps to take her to his place of work.
It is not known that why he is not making any effort to take her to his place?
The problems faced by your sister at her matrimonial home can be solved even now by roping in elders from both sides and advising both the sides to maintain cordiality by adjusting with each other or to allow your sister to live in your house until her husband comes back to India or is arranging to take her back to that country.
Taking any legal action should be a last resort when things are out of control.
Any hasty decision to initiate legal action by filing domestic violence case or lodging police complaint for dowry harassment may ruin the married life for ever and it may end up in divorce through court.
Hence handle this delicate issue very carefully and try to settle the things by convening meetings and talks.
For the time being your sister may be advised to stay in your house till the time her husband returns.
T Kalaiselvan
Advocate, Vellore
34516 Answers
372 Consultations

5.0 on 5.0

You can propose counselling through a marriage counsellor to her husband to iron our their differences. If this does not fructify then your sister may file a domestic violence case to claim right to protection and residence in her matrimonial home if she wishes to continue the marriage. She will be free to apply for dissolution of marriage on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
22966 Answers
631 Consultations

5.0 on 5.0

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