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Krishna (Student)     05 April 2012

Husband not taking care of my sister

My sister is suffering multiple ailment. Her husband is not taking proper care of her and not giving medicines on time also not allowing to leave her to our home so we can take care of her. Also not allowing my parents to visit & care her. Her husband does not talk with us, he never mix with us or our relatives, never visited our home 4 years of marriage, he has told us not to visit his house. He never beats or quarels with my sister.

My relatives visted to his house and requested him to take proper care, but he just listened and did not respond anything but asked our relatives to leave house and never visit again.

We dont understand what is wrong with us, for what reason he is angry on us? He just tries to keep us away from my sister.

My sister wants to come back to our home she told us on phone, she is very depressed and helpless and fighting with illness.

Is there any legal way to deal with this?



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 24 Replies

Adv. Chandrasekhar (Advocate)     05 April 2012

No need to take any legal action.  As your brother-in-law is neither mentally nor physically harassing her, there should be no concern from your side.  He may be a reserved person and does not want interference from any side in his family affair.  It may also be your imagination that he is not taking care of her in her ill-health conditions.

Your sister may simply write a very affectionate and polite letter to her husband (and keep exact copy of the same with her) informing him that she is going to meet her parents for a few days and leave the matrimonial home for a few days.  During her stay in parental home, she should keep lively and affectionate contact with him through telephone, e-mail and snail-mail.  If he is guilty free, nothing will happen and after recuperation, she may go to her husband.


(Guest)

Dear Krishna

first come back home  to your sister.

Take some time- wait than

try to sattle matter by family members mediation.

but take some time- 100% u will get success- this is the question of your sister marriage life.

 

 

Krishna (Student)     10 April 2012

My sister husband is not a reserved person. He is very very unhappy with us because we belong to poor family. We feel humiliated because of his nature towards us. He does not allow my sister to visit my home even in festivals or family functions. He said to my sister that he will not let her to our house even for last rights of my grandmother. He has not visited our house after marriage till date. My sister lived with us for first one year with us as he was abroad. Once she went to her husband house she has never visited us again. Since they live separately, no one is to take care of her. He hardly takes my sister to doctor & does not give medicines on time citing he is very busy. Due to his arrogant nature we never speak with him. If my relatives go he even does not allow to even enter house. He is not interested in doing sansar with my sister as per my sister's & my relatives view. He is not ready to talk with anyone of us or even with my sister. My sister is like a statue in his house. His parents does not want to involve in this matter and not taking any responsibility.

What are options with me and my family ?

Adv. Chandrasekhar (Advocate)     10 April 2012

What does your sister want?


(Guest)
Dear Krishna first come back home to your sister. Take some time- wait than try to sattle matter by family members mediation. but take some time- 100% u will get success- this is the question of your sister marriage life.

(Guest)

Dear Krishna

If all option has faild.

Than file a complaint in woman Counsling cell. This is a mediation cell of police.

wman counsling cell call to yur jija for mediation. Than where solve yur prblem.

But first come back home to your sister.

Take some time- wait than try to sattle matter by family members mediation. but take some time- 100% u will get success- this is the question of your sister marriage life.

Krishna (Student)     11 April 2012

We are keeping our cool & her husband is taking disadvantage of us. By going to police or court will give him chance to file divorce case against my sister, also he is very rich & hold of politicians that is why we are keeping quiet. But enough is enough.

As per my sister there is nothing left to continue living with her husband because there is no love, faith, trust, communication even sleep in seperate rooms under one roof. He neither ask for divorce from her or our relatives, nor he is willing to talk on this matter.

Long time back he told my sister if she wants to give divorce then she can give.

My sister wants to stay with us not with her husband, we also want to keep her with us for lifetime. But she does not want to give divorce. Please suggest some way.

Krishna (Student)     13 April 2012

My sister has enough now, she wants to stay with us. We do not want to go in police/court. She does not want divorce or single penny for maintainance at all. Is it possible ? if yes how ?

randomethic (Professional)     13 April 2012

If the husband wants her to initiate divorce and your sister has agreed, I think you can safely go to the husband and speak to him about filing for mutual consent divorce and meet with a lawyer who will advise you accordingly. 

Don't beg or plead with the husband. Just state in clear terms that your sister and his marriage is not working out and it would be better to go separate ways with minimal damage to both parties. For the same purpose, you are drawing up papers for divorce by mutual consent. Let the papers your lawyer draws up reflect that you do not want anything other than your sister to be free of an uncaring soul. No need to get into those discussions with the husband at all.

That is what I feel. Ofcourse, there are more learned members and lawyers on this forum who will be much better placed to help you with the exact details of going ahead with things.

Aishwarya (Teacher)     13 April 2012

Reality is that ur sister cannot go on living like this being married to this man and yet not living with him..   he can always go for contested divorce on grounds of desertion as the time will progress..

but do u see a good future this way , why keeping a person in shackles ..

giving pain to self and the other and when u wish not to make it work even...thts unfair..had she thought about working upon this marriage she have still opitons to work on it and settle the issues amicably through communication or couselling or adjusting a bit further..but then she can always go for legally seperating from him rather than inviting more legal hassles and problems for her in near future that may come as u said he having political connections and being rich.. ,anyhow  try to convince her on legal solutions and move on in life and letting that man go, she has u all and u should try to frame her future well now..

Adv. Chandrasekhar (Advocate)     13 April 2012

If that is the case, bring her back home.  If both want divorce, go for mutual taking care about proper alimony.  If only she wants divorce and he does not want, then go for contested divorce.  She is also entitled to claim relief under S.125 cr.p.c.  Once she comes back to your home even though your entire family is very affectionate to her, please take steps to make her self ecomically independent.  


(Guest)

Try investigate why he is behaving like that ... I hope condition of your sister was disclosed to him before  marriage ! 

Krishna (Student)     16 April 2012

 

My sister & my father are not ready for divorce & thus we dont want it whatever cost.

My distant relative who is a lawyer in metro city suggested me couple of things:

1. file police compain.

Even he is no matter how rich & politically strong (but from another state), he & his family will bend on knees & beg us to remove compaint.

Even he is our distant relative at the end things will boil down to money.

My father is not okay with his above suggestion as i have one more sister to get married. We really do not want to go in court by our own unless provoked.

Just guide me how should we avoid divorce even he goes in court on basis of

1. Desertation

2. Avoiding physical contact / mental cruality.

Lawyer told us it takes years & decades to get court for conclusion & in case things go against our favour we can go in upper court & again ask for justice. But is it true ?

Krishna (Student)     17 April 2012

Can we file negligence case against my sister's husband?


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