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DATT K
(Querist) 22 May 2016
This query is : Resolved
We live in Delhi at a place which is at the border of Haryana . My sister was married 8 months ago at a place in Haryana, which is about half an hour journey from our house. Mother-in-law and Husband started treating her very badly in the beginning itself. Three months back, she came to Delhi with her mother-in-law and husband but due to some arguments they left her on the way and she had to come to my house. Since then, she is residing with me and they are not ready to take her home and openly say that she may lodge complaint against them BUT WE DO NOT WANT TO LODGE ANY COMPLAINT.
My sister wants to go to her home on her own and has decided that she will stay there during the day and will come back in the evening to my place even if they do not talk to her. Her all belongings, even small things, are lying there. In this regard, your expert opinion is required on the following
1. As a lot to time has passed, can she on her own go there and stay there during the day and come back in the evening.
2. What options are available with her in-laws to prevent her from doing so.
Kumar Doab
(Expert) 22 May 2016
Try to involve elders of the family and resolve if you do not want to proceed legally.
Police stations/women cell also try mediation.
However try to build evidence in your favor for use at appropriate time in appropriate forum, if the need be in future.
Sudhir Kumar, Advocate
(Expert) 22 May 2016
you said
"BUT WE DO NOT WANT TO LODGE ANY COMPLAINT"
तो फिर बहन को बोलो डंडे खाओ और उनके ही गुण गाती रहो कोई कानूनी सलाह आप जैसे लोगों की मदद नहीं कर सकती
"they are not ready to take her home and openly say that she may lodge complaint against them"
ऐसे लोगों की भाषा थाने जाते ही बदल जाती है.
DATT K
(Querist) 23 May 2016
I shall be grateful if opinion is provided on my specific queries. My queries are repeated:
1. As a lot to time has passed, can she on her own go there and stay there during the day and come back in the evening.
2. What options are available with her in-laws to prevent her from doing so.
SAINATH DEVALLA
(Expert) 23 May 2016
What do U meanby "GOING THERE IN THE DAY AND COMMING BACK IN THE EVENING".
Don't U want to make efforts for a reunion with her matrimonial home
UR query does not save her marital life from further deteriorating .
DATT K
(Querist) 23 May 2016
Thanks.
In case we lodge a Complaint, relations in any case will be deteriorated. Our problem is that over telephone, they do not talk properly. The husband does not reply to any e-mails. They do not want to keep a meeting with their and our relatives.
What do we do in this situation?
My sister wants to go to her home on her own and has decided that she will stay there during the day and will come back in the evening to my place. She will come back in the evening as she will carry food with her only for the day. In this way, she wants to prove that she wants to have good relations with them. May be after some time,they may take pity on her.
So please advise "What options are available with her in-laws to prevent her from doing so."
Kumar Doab
(Expert) 23 May 2016
A married daughter, wife is not a thing of pity.
In your personal, private, inner view nothing legal is involved.
Hence no comment can be made on it.
If you have decided it, then you need to find your own ways and means to get it done.
DATT K
(Querist) 23 May 2016
Doab Ji has opined
"In your personal, private, inner view nothing legal is involved."
My query "What options are available with her in-laws to prevent her from doing so." does involve legal angle.
Experts may kindly opine.
P. Venu
(Expert) 23 May 2016
May be you do not want to make a complaint, but you can initiate action for getting what is her due such as maintenance, restitution of conjugal rights etc.
Adv. Yogen Kakade
(Expert) 23 May 2016
I agree with mr. venu.. but it is advisable to take your sister to a good lawyer who shall help in this regard. There are so many options available for her being a woman to get the relief and teach her in-laws a hard lesson.
DATT K
(Querist) 23 May 2016
THANKS EXPERTS.
MY SPECIFIC QUERIES STILL AWAIT ADVICE/OPINION
I AM SUBMITTING FACTS BELOW WITH MORE DETAILS:
We live in Delhi at a place which is at the border of Haryana . My sister was married 8 months ago at a place in Haryana, which is about half an hour journey from our house. Mother-in-law and Husband started treating her very badly in the beginning itself. Three months back, she came to Delhi with her mother-in-law and husband but due to some arguments they left her on the way and she had to come to my house. Since then, she is residing with me and they are not ready to take her home and openly say that she may lodge complaint against them BUT WE DO NOT WANT TO LODGE ANY COMPLAINT. In case we lodge a Complaint, relations in any case will be deteriorated. Our problem is that over telephone, they do not talk properly. The husband does not reply to any e-mails. They do not want to keep a meeting with their and our relatives. They put blame for every thing on my sister and are not ready to listen in the matter.
Her all belongings, even small things, are lying there.
My sister wants to go to her home on her own and has decided that she will stay there during the day and will come back in the evening to my place even if they do not talk to her. She will come back in the evening as she will carry food with her only for the day. In this way, she wants to prove that she wants to have good relations with them. May be after some time,they may take pity on her.
In this regard, your expert opinion is requested on the following
1. As a lot to time has passed, can she on her own go there and stay there during the day and come back in the evening.
2. What options are available with her in-laws to prevent her from doing so
Kumar Doab
(Expert) 23 May 2016
I can not answer it.
Who can answer it!
SAINATH DEVALLA
(Expert) 23 May 2016
Again U R stressing on the same options.What is she going to be rewarded staying there during day time and comming back to UR house in the evening.That's not going to make her life a bed of roses.A permanent solution has to be adopted either to save her marital life or break it.
Are U sure that her inlaws will agree for UR proposal.
Differences do occur in every marital life.Some may be minute in nature and some grave.The fault could lie with either of the party or both of them.But at the first instance it could be set right with proper mediation or counselling.
Hence my sincere advice is, better try for a reunion or make efforts involving elders for an amicable solution.Orelse it may ruin the lives of both the husband and the wife.
SAINATH DEVALLA
(Expert) 23 May 2016
I presume the query can be concluded if the querist is still adamant with his options and proposals.
Rajendra K Goyal
(Expert) 23 May 2016
She should not take risk to visit there / travel alone. She has right to stay at matrimonial house, she should try through police.
She has to take steps to change their attitude, police complaint may fetch desired results.
It seems no other alternate would work.
P. Venu
(Expert) 23 May 2016
Does she really want to return to her matrimonial home in spite of all the harassment she had faced?
That is the real question, all the rest is merely hypothetical.
Sudhir Kumar, Advocate
(Expert) 23 May 2016
you asked
"1. As a lot to time has passed, can she on her own go there and stay there during the day and come back in the evening.
2. What options are available with her in-laws to prevent her from doing so."
BASICALLY I DO NOT WANT TO ADD TO THIS STUPID IDEA PARTICULARLY WHILE YOU ARE COMMITTED NOT TO GIVE ANY COMPLAINT.
BUT SINCE YOU HAVE ASKED MY REACTION IS AS UNDER:-
AS LONG AS SHE IS HIS WIFE SHE HAS A RIGHT TO FORCE HER ENTRY AND POLICE HELP CAN ALSO BE TAKEN.
BUT HER PROPOSAL WILL BE GIVING HER STATUS OF UNPAID MAID.
Sudhir Kumar, Advocate
(Expert) 23 May 2016
In case we lodge a Complaint, relations in any case will be deteriorated.
तो बिना कम्प्लेंट किये रिश्ते सुधर रहे हैं ?
सूरज पश्चिम से उगता होगा आपके गाँव में
Sudhir Kumar, Advocate
(Expert) 23 May 2016
Our problem is that over telephone, they do not talk properly. The husband does not reply to any e-mails. They do not want to keep a meeting with their and our relatives.
तो श्रीमानजी वे क्यों आपके साथ ठीक व्यवहार करेंगे, क्यों मिलना पसंद करेंगे?
वह लोग अभी तक महिला थाने में बुलाए नहीं गए, जमीन तो वहीं दिखाई देती है
इस फोरम को डिटेल में देखे कई पतियों के आंसू देखेंगे/ हर कोइ खुद को बेगुनाह कहता है (कुछ होंगे भी)
उदाहरण
http://www.lawyersclubindia.com/experts/Suffering-from-false-498a-case-600266.asp
Sudhir Kumar, Advocate
(Expert) 23 May 2016
What do we do in this situation?
कोई फायदा तो है नहें आपको कुछ कहने का
Sudhir Kumar, Advocate
(Expert) 23 May 2016
My sister wants to go to her home on her own and has decided that she will stay there during the day and will come back in the evening to my place. She will come back in the evening as she will carry food with her only for the day
May be after some time,they may take pity on her.
अगर उसको विश्वास है की एक दिन (जिन्दा जलाने /आत्महत्या से पहले) वह उसपर दया करेंगे , तो वह आई ही क्यों और फोर रत को भी क्यों वापिस आ रही है,
रोज रोज तो पुलिस उसको घर में घुसवाने आएंगे नहीं (वैसे आप तो पुलिस बुलवाएंगे नहीं)
Sudhir Kumar, Advocate
(Expert) 23 May 2016
In this way, she wants to prove that she wants to have good relations with them.
किसके सामने क्या साबित करना है जब आपको थाना कोर्ट से परहेज है ?
वैसे इस मजाकिया और बेवकूफाना योजना में यदि वह कामयाब हो जाती है तो वह मात्र खुद को एक मगरूर, गैर जिम्मेदार और खुदगर्ज (या दिमागी मरीज) के सिवाय कुछ साबित सहीं करेगी
Sudhir Kumar, Advocate
(Expert) 23 May 2016
you said
My query "What options are available with her in-laws to prevent her from doing so." does involve legal angle."
THIS IS NOT A LEGAL QUERY RATHER ASTROLOGICAL QUERY.
Going by legal path they have no choice but to allow her entry or exist at will.
If they are intelligent they should not object so because this way they can prove that they are innocent and only she is guilty.
They can prove anything against her by alleging that she is fond of night out. None shall believe that she will daily be coming to parental home for night stay.
But you are determined not to follow legal path so no point wasting time on this forum.
Kumar Doab
(Expert) 23 May 2016
The in laws are sitting pretty so as to claim separation by her sweet will.
Finally engage a very able counsel and show the call recordings and emails and let your counsel opine on your contentions.
At Delhi you can engage counsels par excellence.
Sudhir Kumar, Advocate
(Expert) 24 May 2016
you can see the link
http://www.lawyersclubindia.com/forum/498a-bail-got-expired-137517.asp
Kumar Doab
(Expert) 26 May 2016
The query is also posted at:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=137635&offset=1
DATT K
(Querist) 26 May 2016
Doab Ji,
You have posted as follows on the Forum
Repeated Query;
http://www.lawyersclubindia.com/experts/stay-600121.asp
The query has been discussed in detail.
Here, you have posted
The query is also posted at
http://www.lawyersclubindia.com/forum/details.asp?mod_id=137635&offset=1
HOW YOU HAVE TERMED IT A REPEATED QUERY ON THE "forum"
At this "Expert" column opinion was sought about visiting of Wife to Husband's place. Here, it was very clearly mentioned that "BUT WE DO NOT WANT TO LODGE ANY COMPLAINT". On the basis of opinion here that Complaint be lodged, a query has been raised at the "Forum" about which option will be best out of the following for Complaint:
Complaint to Local Police Station
Complaint to CAW
Complaint to Family Counselling Centre (registered)
Kumar Doab
(Expert) 26 May 2016
All points have already been answered.
If you have decided to lodge complaint it is reiterated that do so under expert guidance of an able counsel.
Rest is upto you.
DATT K
(Querist) 26 May 2016
Doab Ji.
Anxiety still remains as to
HOW YOU HAVE TERMED IT A REPEATED QUERY ON THE "forum"
This must have stopped many experts/persons on the "FORUM" to give suggestions w.r.t. the query.
Anyway, THANKS VERY MUCH.
Kumar Doab
(Expert) 26 May 2016
IT HAS BEEN TERMED SINCE IT IS!
ALL EXPERTS/MEMBERS ARE WISE ENOUGH AND COMPETENT TO POST THE APPROPRIATE AND SUITABLE REPLIES.
MERE POSTING A QUERY DOES NOT VEST ANY RIGHT WITH ANY QUERIST AT ANY FORUM LEAVE APART LCI, TO FETCH REPLIES FROM ANYONE.
YOU HAVE BEEN PROVIDED WITH LONG AND EXHAUSTIVE REPLIES, WITHOUT ANY COST TO YOU.
REST IS UPTO YOU.
MAY YOU SUCCEED IN YOUR EFFORTS AND BENEFIT FROM THE DETAILED SUGGESTIONS.
THANKS FOR CLOSING THE THREAD.
DATT K
(Querist) 27 May 2016
Thanks very much Dear Experts SUDHIR KUMAR JI (for advice in great detail), KUMAR DOAB JI, SAINATH DEVALLA JI, P. VENU JI, YOGEN KAKADE JI and RAJENDRA K. GOYAL JI
SAINATH DEVALLA
(Expert) 27 May 2016
Hope U R satisfied with the replies by the legal experts.Anyway U R welcome.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Dear author, if your sister would like to return to her matrimonial home and she is confident that there is nothing to worry about the safety to her life, she can very well return there on her own. Nobody can curtail her right to stay and live in her matrimonial home which is her home after her marriage. Her husband or in laws cannot stop her from entering into that house. If she apprehends that there can be problem or she would not be allowed by them, she can take the help of local police for protection.
The decision of staying in her in laws house or matrimonial house during day time and to come back to her parents house for night stay may not be an appreciable idea or activity that shall have a warm reception by her in laws. You may advise her about this and ask her not to indulge in any such act.
Further it will be too early to initiate any legal action including criminal complaint with police on any matter hence the idea of legal action maybe postponed for the present.
DATT K
(Querist) 28 May 2016
Thanks very much, Kalaiselvan Ji.
In fact her idea to visit during the day and come back in the evening is not to annoy them but to try to keep relations alive, which otherwise are fading away as they have stopped communicating with us.
She has thought of this as one of the options for which opinion of experts was sought.
Should she try this for 3-4 days, if not more?
Sudhir Kumar, Advocate
(Expert) 28 May 2016
when you have been told that her proposal is ridiculous what else do you want after repeating the query.
do you think that 2+2 become 5 by writing again and again.
Let her go there daily and prove that there is no domestic violence and no torture. let her do so and prove that she herself is wrong and her in-laws are angels.
Sudhir Kumar, Advocate
(Expert) 28 May 2016
let her go there permanently why for 4-5 days only. let her dial 100 and 1019 as and when physically /verbally tortured / threatened and let white gypsy come at that address only repeatedly.
T. Kalaiselvan, Advocate
(Expert) 28 May 2016
Sometimes what we think is that the idea and option before us is very novel and that may be the safest measure, but sorry to say that very rarely our intelligence proves us right especially under such circumstances. My opinion was to save the sacred institution called marriage or atleast she should not become a reason for ruining her own life. The idea of staying in her in laws house during day time and returning to her parents house during night time shall always annoy both the sides, especially the husband or her in laws may even suspect her fidelity, the other side her parents may become anxious when she travels alone during night time and her arrival at home is delayed due to unavoidable circumstances. Plenty of practical difficulties and hazards are to be analysed, hence it is advisable to not to venture into such risky and good for nothing ideas, this will not fetch any result especially the desired outcome. Patience is the important element to be adopted at this stage and any decision taken in haste may bring more troubles or even disasters.
DATT K
(Querist) 28 May 2016
Thanks Experts.
Following pieces of advice have emerged under the circumstances
1. to involve elders of the family for an amicable solution
2. to mediate through Police stations/women cell.
3. to build evidence for use at appropriate time at appropriate forum,.
4. to initiate action for getting what is her due such as maintenance, restitution of conjugal rights etc.
5. to lodge a Police Complaint under expert guidance of an able counsel.
6. to follow legal path by engaging a good lawyer
7. to postpone for the time being the idea of legal action and Patience my be adopted at this stage.
General opinion would be that pieces of advice at serial no. 1 and 7 need to be tried first before considering others.
SAINATH DEVALLA
(Expert) 29 May 2016
After a detailed conclusion by Adv's kalaiselvan and Sudheerji,hope the querist is satisfied not to further ruin the life of his sister.
Sudhir Kumar, Advocate
(Expert) 29 May 2016
It is her life.
She has full right to spoil it.
She has all the right to cultivate as much evidence against her as possible.
She has a right to be proved guilty of the offenses which she never committed.
DATT K
(Querist) 29 May 2016
Heart goes for abiding by advice of Sudhir Ji, Mind goes for advice of Kalaiselvan Ji
