Mentally , physically harassment by husband and demand
Querist :
Anonymous
(Querist) 06 May 2018
This query is : Resolved
Dear Sir,
My Sister got married in april 2017 . her husband was working in company as Hr Mgr. at Greater noida , basically he is from Aligarh (U.P) and his mother , father and brother is at aligarh , he promised us that he has taken a flat in ghaziabad , he also show us his flat , three other person are also witness of this, we got convinced and fixed the wedding by taking promise from him that My sister will not live in Village . He demand us for Car and Jwellery etc.we fulfil his every wish that he demanded to us .
after marriage one and two month was fine . but as the time spent he and his family started torture my sister . many time he slapped her . and give her threaten that he will not move to ghaziabad. she bear this . but when we force him he taken a room on rent in ghaziabad . and living there with his brother and my sister. Whenever we asked him about his flat he said that there is some work are pending in flat and will complete in one or two month. but after that we come to know that he has not taken any flat and he fraud with us.
last week he said to my sister that they will reside in village for permanent. on this when my sister denied him then he beaten her . and sister called us and we reached there with the other relative and also tell the society people that whats going on here, after that we bring her in our house . sister's husband told us that his father will discuss on it. after many efforts from our side we decide to called a meeting with both side relative.
Here I want to ask you that if this Meeting failed then what type of legal action we should take . is this matter come under 498A .if the police does not listen us then what we should do.
Please guide Me...
Siddharth Jain
(Expert) 07 May 2018
The basic essentials to attract section 498a are:
a)����� The woman must be married
b)����� She must be subjected to cruelty or harassment; and
c)����� Such cruelty or harassment must have been shown either by husband of the woman or by the relative of her husband.
So, your sister should file a police complaint against her husband and in laws for harassment , dowry and physical violence under section 498a coupled with 509 IPC.
She can also file a complaint under �DV act against her husband and in laws.
For any other queries feel free to contact me at isidjain1@gmail.com
Guest
(Expert) 07 May 2018
The Proceedings of Sec 498 A cases could be initiated by the Police only with the consent or permission of court. Better seek the possibilities of Mutual consent Divorce in an amicable manner so that your problems could end with in 6 month or even prior to that..
Guest
(Expert) 07 May 2018
Proper investigation about the boy was quite necessary before marrying a girl. However, if that part is ignored and marriage solemnized, mutual trust, belief and adjustment are quite necessary in married life of both the spouse. While Sec.509 of IPC is not called for in this case, you need to be cautioned that a court case under 498A can tend only to ruin lives of both the sides, socially, monetarily, mentally as well as unending physical botheration wise, as other party cannot be expected to take it quite easy, as may be thought.
Rest depends upon collective wisdom of your family.
Guest
(Expert) 07 May 2018
Proper investigation about the boy was quite necessary before marrying a girl. However, if that part is ignored and marriage solemnized, mutual trust, belief and adjustment are quite necessary in married life of both the spouse. While Sec.509 of IPC is not called for in this case, you need to be cautioned that a court case under 498A can tend only to ruin lives of both the sides, socially, monetarily, mentally as well as unending physical botheration wise, as other party cannot be expected to take it quite easy, as may be thought.
Rest depends upon collective wisdom of your family.
P. Venu
(Expert) 07 May 2018
The real issue appears to the reluctance of your sister to reside in the village; everything else only. secondary. There needs to be much introspection before jumping into any legal action.
T. Kalaiselvan, Advocate
(Expert) 11 May 2018
As properly advised by xpert Mr. P. Venu, you may try for reconciliation on that basis between them.
Just living in an egoistic community and not cooperating with each other will not bring any solution to put an end to trivial issues.
Ms.Usha Kapoor
(Expert) 27 June 2018
I agree with Siddharth Jain and Venu.
Ms.Usha Kapoor
(Expert) 11 July 2018
I agree with Siddaharth Jain and Narasimha.
