Marriage
curious123
(Querist) 11 March 2013
This query is : Resolved
Hi sir,
My only sister got married last year. However since her marriage, she is not happy with her in laws. These are the following reasons:
They make her do household chores for almost 10-12 hours a day.
Restrictions on her freedom like what to wear, what to eat, ect.
Not talking to her and considering her an outsider
Also, the conversation suggests that they are not happy that we did not give enough gold.
Do to excessive dish washing, her hands got infected. They did not take her to a doctor and she has had three miscarriages due to moving heavy objects like, gas cylinder, heavy bucket of water, etc.
Now, we have brought her back to our place.
Please guide me regarding the following questions:
What are her rights?
How do we proceed?
Advocate M.Bhadra
(Expert) 11 March 2013
If your sister like to file a Criminal Case then she can lodge an FIR and file a case u/sec.498a IPC at in-laws jurisdiction for cruelty upon her.She can also file a Maintenance case u/sec.125 Cr.P.C.in Magistrate Court where she is residing now.Finally she can file a Divorce Suit after one year from the left of matrimonial house.During the life time of husband or after divorce she has no property right.
curious123
(Querist) 11 March 2013
Hi,
Thank you for the reply.
Can a case on cruelty to her, be filed at the place where she is residing now, that is with me?
After divorce if we ask for monthly maintenance charges, will it be paid only until the time husband is alive?
Thanks!
Devajyoti Barman
(Expert) 11 March 2013
If you wish to teach a lesson to her husband and not to wreck the marriage then first file a case under PWDV Act. Filing a case u/s 498A IPC may ruin her marriage for good.
Raj Kumar Makkad
(Expert) 12 March 2013
Nothing to add more in the given replies.
curious123
(Querist) 24 March 2013
Hi,
I thank you all, for the information. My sister does not want to file a divorce application. She is willing to live with her husband, but her in-laws are not very understanding.She has been tortured by her in-laws. I guess, being the only son, her husband cannot go against his parents. Can my sister be forced to divorce her husband, by her in-laws? I desperately want to save this marriage of hers. Please advise.
Regards!
Raj Kumar Makkad
(Expert) 24 March 2013
In laws of your sister cannot force her to take divorce but they may create such circumstances wherein the divorce may be the only solution.
As your sister wants to save her married life so she should personally create understanding with her husband and accordingly a new chance should be given. Your sister should also make her mind to deal properly with her in laws especially keeping the fact in view that her husband is the only son of his parents and parents also deem their right over him.
There is nothing but a communication gap between the family so she should minimize it by her act and conduct.
curious123
(Querist) 24 March 2013
Thank you! I appreciate the promptness with which every query is responded to. Believe me or not, this is not seen very often in our country.You have set up high bench mark for me. At my workplace I am considered the most prompt by my seniors.Thanks once again.
Raj Kumar Makkad
(Expert) 24 March 2013
Thanks for your appreciation and you are further invited to raise any legal query as and when you have to get guidance. We all have to make our Bharat a glory for the world by such efforts.
