Can we go for fir after getting divorce
umesh
(Querist) 11 May 2012
This query is : Resolved
My sister got married in 2008. She has 2 yrs old daughter and staying with my parents since last 3 months.
Due to not giving dowry and giving birth to a female child her inlaws started harassing and mentally torture her. Her husband also became violent and tried to kill her many times.
Both the husband and wife want divorce now. I also want my sister to get divorce and restart her life with second marriage.
They have threatened us that if we file domestic violence case against them, they will not give divorce to her. So we are thinking to go for a mutual divorce and then go legally against husband and his family. Is it possible?
Once she gets divorce can we file FIR against her x-husband?
ajay sethi
(Expert) 11 May 2012
if her husband has tried to kill his wife you should immediatedly file FIR . alos case under DV act for protection order , right to maintenance .
the husband must be more keen on diovrce as he cannot remarry unless diovrced .
then file for divorce but keep a damoscles sword hanging on his head
Shonee Kapoor
(Expert) 11 May 2012
You can not have your cake and eat it too.
No FIR would be maintainable after divorce.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
umesh
(Querist) 11 May 2012
@Sudhir Kumar
I want my sister not to waste her life and give it a new start coz she is just 27 and whole life she cant be alone. She is ready for second marriage.
But if we dont file any FIR against her husband he will also re-marry someone and some other girl we be punished like my sister. I dont want that fellow to spoil someone else's life.
ajay sethi
(Expert) 11 May 2012
file FIR . it will put pressure on him .
