Harassment in marriage
anonymous11
(Querist) 28 April 2013
This query is : Resolved
My sister was married in Australia, and was first verbally and then physically harassed by the husband. It was an arrange marriage, and she was totally dependent on her husband there. He didnt let her have any part of his income. He once beaten her as she hinted that she is not that happy there, and misses India.
She was mentally very scared of husband.
After knowing whats going on with her, we asked her husband to let her come to India, saying mothers health is very poor and she wishes to see her.
We got her to some psychiatrists , who also suggested to let her go for a divorce.
But the husband says he wont come to India for divorce. Also says that my sister is telling lies. My sister wants to go back, and says she would ask for a divorce there.
I was curious does she need to have some sort of proof,to prove that she is harassed/.?
If yes, what could that be?
Advocate M.Bhadra
(Expert) 28 April 2013
Ask your sister to file a Divorce suit in India and send summon to Australia, if her husband would not come then Court may fixed for ex-parte hearing.
Sec.9 Hindu Marriage Act
Court to which petition should be made.-
1[19. Court to which petition shall be presented. —Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction—
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Devajyoti Barman
(Expert) 29 April 2013
There can not be any documentary proof of mental cruelty. For this one need witness.
If your sister make a living in Australia then she could file for divorce there as getting divorce is much easier in foreign land than in India.
Else she can come back to India and file case from here only.
anonymous11
(Querist) 29 April 2013
Thanks ..
The issue is she is very depressed that she is exactly everything a wife should have been, very loving, caring and submissive.
We chose this guy for him, and she married him without any questions, now we have heard her husband is living with some girl there.
I do not want to go her through the phase of wandering through courts alone,in India, I am bed ridden. She doesnt have a job in Aus, but she is qualified well.
But if she goes to Aus, if her husband again harasses her, what all would she need to complain about him?
We dont have anyone there , to be a witness.
R.K Nanda
(Expert) 05 May 2013
agree with experts.
