Need suggestion
guardianbachav
(Querist) 07 September 2014
This query is : Resolved
1-My sister got married in 2002.
2-During/before marriage husbands birth year shown as 1970 actually 1968 (wrong information) orally given by him.
3-child birth in 2003, during that delivery charge was paid from mothers a/c .which was not informed to her.
4-boys name registered (Mast.A).Name told to mother different then registered in BMC
5-After that he took LIC , Bank A/C , Rationing card of child in the name of second name (false name) He managed to change name in birth certificate by over writing the same and not officially got it change.
6-he also took school admission in false name by submitting over written certificate only.
7-then he gradually gradually mentally harass by asking kind in terms of house hold items.Also child's daily usages.
8-he always stated wrong salary and when she asked to show or proof of bank statement then he use to tell that pass book is in office etc.He use to make one or the other reason.
9-She was not at all comfortable in her laws house which was also a joint family including his elder brother- in -.law.After four years of marriage they decided to separate their home.
10-They took home on rented basis.There they lived for four years.
11-In the mean while he loosed his job,He did not bothered to inform his wife.this continued over six months as per his words.
12-There after he got part time job for which he was not giving any information such as location of job, timing of job etc.
13-He started more mentally harassing by what she does not wanted to do thing like, he will not allow to her go maiden home.
14-if she comes then also will restrict to come limited number of days and always ask to come back to laws house or else stay permanent there(maiden house).You are now my property.
15-Then he stated that he has booked new home for them at Palghar (HDIL scheme) 1BHK.Then at later stage he told home is on loan basis which he earlier told that it is full payment is done.That gave areally shock, then he was telling that he is unable to pay loan interest for the same.
16-During these period he was also not bothered about child's education. He never attended his school parents meeting.
17-He was also not trusting her, and will always go alone for school fees payment and never told how money for the same was arranged.
18-After loosing his job he force her to stay in joint family as he is jobless.After agreeing to this they once again moved back to joint family with his elder brother.
19-Gradually along with his elder brother both of them started mentally torture her by saying you will not be allowed to eat specific items,will not be allowed to go out.They were not allowing her to go out even for purchasing vegetables. You are unlucky for our family as there are three deaths after you married with me(all deaths were a natural death).
20-He stated that you are our maid, wash these clothes and utensils only. Although there was washing machine at home .They both will not allow to use it.
21-Also they were not providing sufficient food to her.
22-Also after moving to back home and ask to keep mouth shut and not to inform anybody about his unemployment.Or else you go to back to your fathers home.
23-Also child's basic vaccination (like polio, etc needed in childhood) he refused to give and if you want to give,you manage yourself.Then she used to come for the same all the way to maidens home(These all were free vaccination which government provides.)
24-Some time it also happened she was late in collecting her child from school and always telling she is late as she had lot of work at home and could not go before completing it.This was enforced by her brother-in-law.
25-When we asked the same her husband refused for the same and told us not to interfere in his home.This is not your job now she is my property.
26-During child's school summer vacation she was not allowed to come to maiden home and was refused by her brother-in-law and by her husband and reason told was where we will go for food.
27-One day all of a sudden her husband called us and told you please take her for vacation.
28-but when we saw her ,her health was very unfit or un healthy. She had almost reduced to half.When we asked her husband he started ignoring to our questions.
29-later on stated you keep your daughter with you.
30-She was tortured a lot during this period and went to severe depression.He was also fighting with us over the phone calls with bad words.
31-After getting her to maiden home.We started her medication but doctors opinion was that she is fully mentally tortured a lot.
32-Mean while he also stated that I can not take care of child and you manage his education.
33-He removed his school admission and handed over Leaving Certificate before securing admission at other place.
During this when we asked for legal documents of child like birth certificate, then we came to know that he had manipulated /altered birth certificate.
When we asked that school asking without modified school certificates then he got it from his BMC office but once again he altered over writing name and gave us.
Also he did not provide us with ration card copy/original. He stated that he has lost it. Some time he also stated, I have applied for new as our name has been deleted or canceled (Child, father and mothers name from the ration card).
Then he told us to take child school admission on the basis of bank passbook or LIC as home address proof. Also this are valid documents instead of ration card.
Procedure for the change of name is given and completed by father (partially) And no copy of aff-it-davit submitted by him in procedure of change of name is shared with us.
From April'13 till date medication is entirely done by maidens house. He has not given any single rupee for the same nor he has paid his child's education and his medication.
We have photocopy of marriage certificate only. No other legal documents given by him.
He is also telling now that he has lost her election card too.
We safety future for child kindly suggest on the basis of child's custody and his legal documentation required for future child's education purpose.
In the mean while if mothers death occurs, can he challenge custody of child legally?
What all sections or charges are applicable on him.
What all legal precaution needed for us?
What all legal cases he can file against us?
Now she is unable to even speak and recognise family members due to depression, Who can file a case on behalf of her?
Kindly suggest from above points which will not favour our case.
Devajyoti Barman
(Expert) 07 September 2014
The husband appears to be habitual frasuter.
Your sister should file criminal cases against him and pray fro maintenance for herself and child.
In the cases both names of the child can be mentioned.
ajay sethi
(Expert) 07 September 2014
wife should file complaint under DV act against her husband . she should seek alternate accommodation , maintenance for herself and child also compensation for mental torture undergone by her
V R SHROFF
(Expert) 07 September 2014
too long to read
File DV
thru local lawyer
Rajendra K Goyal
(Expert) 08 September 2014
Consult a local lawyer and proceed as per his advise.
malipeddi jaggarao
(Expert) 08 September 2014
Agreed with all experts. Find out a suitable local advocate to file DV/criminal cases immediately.
T. Kalaiselvan, Advocate
(Expert) 11 September 2014
Very lengthy query t read. As suggested by experts, a complaint with the concerned police on matrimonial disputes may be lodged or DV case.
