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Need advice for my sister

(Querist) 09 August 2015 This query is : Resolved 
Dear Expertes,

My younger sister married May-2013. She was living with her husband alone in NCR and in-laws lives in U.P. Sister currently works as a teacher in a school and earning appx Rs.20000/pm. Her husband is in good reputed MNC and earns about 10 Lacs/Per annum.
She is facing following troubles immediately after marriage from her husband & In-laws:
Small Summary as follows:
1) Initially her husband do not give any money to her and not even for home expenses and daily needs items due to which she was forced to do job, now when she is doing job, they (Husband &Father in law) wants that she should give her salary to them.
2) Due non-fulfilment of her needs, domestic violence occurs regularly in home.
3) Her Husband is bit sexually medically un-fit.
4) Her Husband is bit immature and un-able to handle any situation and even says that now he cannot carry this marriage any more always speak his father side and do not listen to girl.
5) Her father-in-law is very harsh in speaking and use foul language against our parents due to which my sister gets provoked and she reply in harsh to them resulting in another domestic violence.

In last week of June, due to extreme problem, we have small fight at their home and brought our sister to our home and now she is doing job in NCR while living in PG.

We tried a lot to settle the issue in consultation with Mama of sister husband but no result till date and her father-in-law is keeping un-acceptable terms and conditions to take in sister into their home. They are not responding and all my sister’s belongings (all her clothes, jewellery. Original documents etc.) were left in their home.

Now since, we are waiting for some solution just in hope, but want to take some legal step to safeguard us from any future problem, if problem didn’t sorted out and in case we move ahead to file case for divorce/alimony.

Please suggest what way to proceed.

Thanks for your immense support.
SAINATH DEVALLA (Expert) 10 August 2015
I don't feel the grounds mentioned by U are attracting divorce.I think this can be repaired with the involvement of elders and mediators of both the sides.
Rajendra K Goyal (Expert) 10 August 2015
Try for amicable solution with the help of society, relatives, common friends as even if divorce happen the life may not be very easy and in married life a no. of compromises has to be done.

If no possibility she can lodge complaint of domestic violence, 498A and apply for maintenance. If serving, may not get desired maintenance. she can lodge complaints at her father's place / serving place or at the place of in-laws.

In a no. of cases, it is seen that after such complaint, the attitude of in-laws has changed and couple is living peacefully. However, adverse is also seen.
T. Kalaiselvan, Advocate (Expert) 16 August 2015
If you want to settle the issues amicably the talks between both the sides arriving at a proper solution will be a better option or you may advise her to go for divorce if the incompatibility is ever growing.
A k Agarwal (Querist) 17 August 2015
Yesterday, my father had a talk with his (Sister's Husband) Mama. At last he told to wait for some time i.e around 6 to 10 months to settle the issue as Boy is not ready in any case to take back the girl.

Please advise should we wait for such a long time without proceeding for any legal action.Will it not weaken our case????.

Is there any way that we can initiate silent legal action with not much hype created and the time gets passed to settle the issue.

Please reply.

Regards
SAINATH DEVALLA (Expert) 18 August 2015
What is the logic behind waiting for 6 months to take UR sister back? Something fishy.But don't take any hasty steps that could aggravate the situation.
A k Agarwal (Querist) 18 August 2015
Sir, Thanks for your response. We are waiting and didn't took any haste decision since last 2 months just in-hope that matter gets sorted amicably but very confused how to move ahead as no way seen ahead.

Need more experts advice.

Thanks for all your immense support.

Regards.
SAINATH DEVALLA (Expert) 18 August 2015
Wait for some time and then again meet them .
A k Agarwal (Querist) 19 August 2015
Yesterday we received threatening from Mama (Boy's Mama) through mediator, that if we tried to do anything against (hope any legal) BOY & his family, he will not spare us and will lodge complaint of theft against my sister. His Mama is a big Jewelry Merchant and showing his power.

Regards


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