arungeetha (Engineer) 21 August 2012

Marriage failure because of domestic violence by mil

Actually My sister who has been married 3 years back and has got 2 years old baby girl is staying at Mother's home right now, because of domestic violence by her Mother in Law and an inert husband towards his Mothers's act.

It's since more than 6 months my sister is here with her daughter after her husband brought her here without sufficient notice and preparations, and no response till now on taking her up back. All the jewels and possessions are retained with them.

I would like to know what is the possible approach to be followed at the Mother in Law's behaviour.

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2 Replies

Tajobsindia (Senior Partner ) 21 August 2012

Option 1: Donot come between husband and wife matters. Let them sort out.

Option 2: Hire an advocate for her. Pay legal fees and supplementary fees as and when demand arises for miscellaneous works of the courts. File DV Act Complaint and seek right to residence protection order. If it works she will somehow survive out there with child under police protection. If it does not work out in long run under police protection then marriage failed and ends up in divorce.

Option 3: Hire an advocate for her. Pay legal fees and supplementary fees as and when demand arises for miscellaneous works of the courts. File for “Judicial Separation” along with S. 24 HMA (for maintenance for child and herself) + S. 27 HMA for return of property (stridhan).

Pick one option after due reasoned thought.

But before picking up one option from above three atleast set-up mediation with elders and neutral persons known to both sides to end matrimonial acrimony and endeavor to bring back harmony in her marriage. Fault and little adjustments here and there will be done by both sides (husband and wife with kid).

Usage of law is for deterrence and not for changing humane behaviour (i.e. MIL’s behavior) For that psychiatrists are there.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 21 August 2012

1. Your sister (if she is not working or not in a position to work rather !) and the child are both entitled to maintenance.

2. They also have a right to reside in the matrimonial home.

3. For this you file a DV Act case - after hiring a good lawyer or making an application for a state sponsored lawyer (dismal services can be expected !)