How to proceed in family court to bring culprit to law
Dhirender Wadhwa
(Querist) 03 March 2018
This query is : Resolved
Greetings to all learned...
I have been taking advices and have always found them of great value and use... Please help
I am in NCR. My sister (doctor) married (love and arranged) a doctor(her senior in lucknow college). After completion of her internship (lucknow) and gyno course (delhi), shifted to matrimonial home in gorakhpur. MArriage was done with all we could. Clearly denied dowry (four wheeler, gold gifts for most relatives and amount to build a clinic). My father and i were only working then.
Family seemed well educated. husband's elder brother settled with family n bangalore (IT sector), sister studying medical, mother primary school principal.
My sister also did hospital management from delhi. Gyno & management thru distant learning systems. All fees were born by me and my father. Aftr she shifted with in-laws and husband, she was confined to house with ghoongat while doing house chores and attending female patients in clinic (run by husband in outer rooms of house). Also was to do guest fooding and good bahu rituals of brahmin samaj simultaneously as most of female patients allowed to her were relarives and/or known families only.
She had two sons in due course of 8/9 years of marriage. Both born here. All expenses paid by me, brother and my father for months before and after with loads of gifts while returning (brahmin customs of one year all expense of new born) >. No one ever visited my sister during pregnancy. Husband came to see his sons for 1/2 day on birth, as he states that he can not leave his clinic. This reason has been constant for all these years.
Mother in law never liked her. My sister was always neech jaat, as husband family is brahmin and we are not. Does not take care of her sons, as is busy with her daughter (now govt doctor) and her sons (sister in law stays at her mother's for 3/4 days a week).
when elder son of my sister was old enough for school, my sister shed her inhibitions and took a job in medical college. Has been paying for her sons fees, fooding, her own maintenance since withour help at times of high need (admissions, medical etc). Has been takng her kids to child doctors. husband and family has never been of help. Paid all the room rents (for her husband, children & herslf) while matrimonial home (at different place) was under renovation and family lived in small rooms separately, while husband ran his old clinic (old house)
Husband turned violent from abusive for want of his share in the salaries to cover his betting debts, liqour needs, and more. Family also knew of affairs of husband and never interfered, while my sister received beatings (for asking to fill ration, not give or transfer for his needs, etc). Even children started to get beating in drunken states. I was awstruck when my family was informed of her so-called accident (fall from rooof) one day. I reached her next morning to find her in bed (she had bone deep cuts in head and bruised all over) with her two kids (2.5 and 13/14 months) crying, while no one cared and husband was ready to leave for his clinic. Left stating that he had stayed back to meet me, because i had informed of my arrival after reaching the city. I had to bring her back with children for medical care.. (Had stayed their for 2 days, was taking her to hospital and doing all chores of her children except their bathing, while family lived in same house and husband never took leave from clinic.) All expenses were again borne by us.. not to mention that no one even cared to drop us to bus station. Her younger son stayed with us for a year while she went back with elder one after a month of care. No one except my sister visited the child. Husband telephoned total 3/4 times only.
Had never told us of her miseries, while my family has been taking care of all their relatives and friends who visited and stayed at our place over the years. Though i doubted due to her regular need of money (feeble reasons), her mother-in-law always in complaint mode (even while i had always seen her following their regulations and rituals) on my visits at events, husbands attitude and non-closeness to his sons, my visit on her accident. My father never visited her in-laws after he was indirectly but openly abused on his first visit (never told us until recently, when sister talked about it).
​3/4 months back, she left her husband place, with two sons in their school uniforms and bags and her worn clothes. Intimated police online and us while in train. Opted for women cell, but husband and family attended only 3 dates out of 8/9. Sister registered compaint against Husdand and parents only. Filed under 307, 498, and other family sections, after no results and continous threats from husband over phone, and pressure from his relatives and calls to me and parents with allegatons. Filed a case under 125 only. Sister wants to bring her culprits and harrasers to bars.
​Please help in terms of sections, proper way. Lawyer seems slow and does not provide much info on how he will proceed. Police has done zero work on the case, while lawyer tells that nothing can be done before police report. Proper leagl advices from this exteemed forum can help us bring them behind bars in time.
Vijay Raj Mahajan
(Expert) 04 March 2018
Your approach is not correct in the present case.
Rather filling criminal compliant to police u/s 498a,307 IPC you're sister should have filled criminal compliant for domestic violence against them and sought her rights for protection, maintenance and residence.
Section 125 Cr.P.C is for maintenance for her and her children only that continues but seeking interim maintenance immediately should be done so that financial burden on the husband starts immediately.
Let me make things very clear the recent approach of the Supreme Court of India is to bring about amicable settlement of the matrimonial dispute between both rather insisting criminal litigation under the penal code unless the matter is too serious and beyond all control and the clear instructions to police to avoid registering FIR just on simple complaint of wife and refer the parties for mediation and conciliation process.
I don't know how your lawyers advised you and what is the caliber of the advocate handling your case in the court or otherwise.
Dr J C Vashista
(Expert) 05 March 2018
No time to go through, opine and advise such a long story.
Dhirender Wadhwa
(Querist) 10 March 2018
Thanks Vijay Raj ji for prompt advice...
A long story of 8/9 years J C Vashishta sir, surely... But that is why we are here to seek advice from this esteemed forum...
I don't think, short stories come to courts
Guest
(Expert) 28 April 2018
" My Opinion these Love Marriages Dont be Successful ". Humbly I differ with Adv. Kamakshi.
Guest
(Expert) 28 April 2018
" Love is an intense feeling of Deep Affection "
Guest
(Expert) 28 April 2018
Whether it was True Or Not would be the Question.
Guest
(Expert) 28 April 2018
In this current world both Genuine and Fake are available.And should have been careful in making the Right choice.
Guest
(Expert) 28 April 2018
Dear Author, Presently the Proceedings of 498 A can not be implemented with out the consent of court. Better discuss this matter in detail with a Good Senior Advocate of your place in detail and proceed accordingly. I feel that your present Advocate had let you down please.
Guest
(Expert) 28 April 2018
About Real Love in the English Novel " Far From the Madding Crowd " the main Character Gabriel Oak would have stated " One thing I shall do in my Life. One thing certain . That is I Love You I Long for you and keep wanting you till I die ". That is the real exposure of true Love.
Guest
(Expert) 28 April 2018
One Telugu Actress cum Dancer though her characters in the Films were different she had a Love Marriage and when her husband went to Coma due to an accident she was taking care of him for several years at home it self. That is Love the Real Love..
