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Mohit (man)     05 July 2010

Pls advice

My sister has got married in feb 2007. She had blessed with a child in dec 2007.She used to live in a joint family. So her husband couldnot give much time to her. Her elder borther's wife and motherinlaw used to ask to bring items for home. We used to give them according to our capacity. But they never satisfied .She has told many times to her husband that these things are happening but only at that time he used to scold his mother not ask for this.But motherinlaw and bhabhi never listened and asked for more. When we have decided to stop all these they have started finding faults in all works of sister and used to give wrong feedback about my sister to him. Slowly-2 he tried to scold my sister in night and abuses my father and mother. He usually drink in night but never hurt my sister.He is also a chain smoker.This was hidden from us at the time of marriage. Also he told my sister on 2nd day of post marriage that he loved a girl before marriage but he has no physical relations with her and now she has got married therefore no relation with her.

1. Around 8 months back , they have called me on the festival as normally a brother used to take her sister , and told me to takeback my sister home for 15-20 days.They told my sister to have leave all ornaments at their home as she will come in next few days.My sister has protested that there is a festival coming so she needs some ornaments so they gave her  earrings.

My wife has called his husband after 15 days to bring her back but he usually cut her phone. Then we tried to contact him he gave many abuses for my sister and cut the phone.We tried to contact  his mother, brother about what happened? we never get satisfactory answer. They told that marriage is spoiled with my father and mother interference, my sister is mad, she used to throw soaps and shampoos , she doesnot take bath for 15 days and told these things in the society  that they have left the mad girl.

My sister was shocked to heard these things . She told us that she never did this. They are making all false allegations against her.

2. We have tried their 2-3 relatives and asked them to talked to my sister but they never do it and told us that they dont want to interfere in this matter.They have tried to pursuade my brother inlaw.

3. From last 8 months we are trying to have number meetings to sort the matter with different persons to whom they know in  society but they never wanted to listen them.They are saying do whatever you like we have already make arrangements to release.Even their family friends have come to talk to my sister and they all are opposing my brother in law wrong move .But he is not ready to accept her and his child.My sister wants to meet alone with his husband to know his concerns but he doesnt want to listen and talk.

4. In feb 2010 her mother gave an advertisement in national newspaper that my brotherinlaw, his wife and her grandson is debarred from her all property.But my brother inlaw is living in same house. Also from some sources he has transferred all his business to his brother's name but doing the same business.His elder brother is having wine shop and my brother inlaw is doing housekeeping material supplier to factories.

5. When all society pressurised his family to take her back. he is saying that she has gone with her consent. She can come back but i dont have any relation with her and she will remain in a closed room.Then in such circumstance we have decided not to send her until all normalise.

We have not yet taken any legal action against him. They have some political approach so we dont want to mess with them because of the fear  that Police may torture us.What do you think we can do. My sister wants to go back to her home but with respect so that a small child's of age 2.5 yrs future doesnt spoil.

Any one can send their suggestions for way forward.

Rgds

Mohit



Learning

 4 Replies


(Guest)

i can understand your dilemma as i was exactly in same situation as your sister..

i was totrured so much by my hubby and mother inlaw that i lost my weight,appetite,developed unbearable headaches,lost all my confidence and self esteem ..............

any  normal person would have gone insane.that was the intensity of torture!

lile your sister i also did not take any action against my husband and inlaws as i did not want to break my marriage.


the result...when i came to know they are trying to leave the country,i filed DV act immmeditaely ...but since my dad is not so rich so as to afford lawyers fees,i had to go to a legal aid centre...where the lawyer was so incomepetent...........


the result:

i was forced to sign a settlement in delhi high court that i m taking bak all  my cases....i did not get all my streedhan back....and little alimony;not according to my husband's earnings ..

and the most interesting part..........the high court mediator who seems to be a  very sophesticated lady & educated lady had joined hands with those people so that settlement is signed by me under force....

i was pressurised to sign it so much that almost 5-6 hrs. were spent in the court and we left the high court mediation cell only at 10 pm......according to the mediator,i was not "cooperating" in signing it and wasting their time!

 

now they address the mediator as their  sister.and my husband addresses her as "buaji".............long live the indian judicairy!

 

i had no option but to accept the settlemnt as i had no contacts in judiciary to find a selfless and honest lawyer who cud fight for me passioantely....now i have lost my husband,my marriage,my rightful alimony,my streedhan and most importantly trust in marriage........

 

when i read all the posts here,I WONDER WHEN PEOPLE SAY"LAWS ARE IN FAVOR OF WOMEN"....


Yes they must be on paper..but what about corruption and loopholes in law?

and are they really in favour of women who cant shell out lakhs of rupees to feed lawyers,not to mention delayed proceedings,regular leaves taken by judges etc?



(Guest)

Unfortunate incidents. Should not have happened

One should fight back the very system by self studying and or by being party in person.

You can always revert back under "change of circusmstances clause" give or take after few years till then study the very Law which didnot give you desired trust in the institution.

All the best. Rgds.

harsh (DU)     07 July 2010

 

My minor daughter aged 12 and 10 years were taken to Australia without my consent by their mother and still there. I and the mother of my daughters are divorced. The daughters were staying with their mother. I used to meet my daughters occasionally. No custody case has been filed by either party. Does this constitute any criminal offence. All of us are Christian, Indian and resident of New Delhi. Can the Australian high commission grant visa to minor children without consent of father.I have never given my consent for the same. I suspect that my ex wife may marry an Australian citizen and take my children permanently to Australia. For more than one month she is in Australia with my children even after opening of their school.

 

My question is i) Can i file a criminal case against my ex wife for taking my children out of India without my consent or if consent of father is required for grant of visa, then for fraudulently obtaining it.

ii) How can I prevent my minor children from going abroad without my consent and how to get custody of my children.

harsh (DU)     07 July 2010

 

My minor daughter aged 12 and 10 years were taken to Australia without my consent by their mother and still there. I and the mother of my daughters are divorced. The daughters were staying with their mother. I used to meet my daughters occasionally. No custody case has been filed by either party. Does this constitute any criminal offence. All of us are Christian, Indian and resident of New Delhi. Can the Australian high commission grant visa to minor children without consent of father.I have never given my consent for the same. I suspect that my ex wife may marry an Australian citizen and take my children permanently to Australia. For more than one month she is in Australia with my children even after opening of their school.

 

My question is i) Can i file a criminal case against my ex wife for taking my children out of India without my consent or if consent of father is required for grant of visa, then for fraudulently obtaining it.

ii) How can I prevent my minor children from going abroad without my consent and how to get custody of my children.


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