section 9 suit filled
bankim
(Querist) 07 March 2018
This query is : Resolved
My brother in law file section 9 against my sister and my family. He and his family torture my sistet physically and mentally, and did not provide her proper food due to she gave born a girl child. She treated in govt hospital 4 days and transfusion 2 unit blood in oct 17 end. After that she is was in my house for 2 months for recovery. After she return her husband house, they planned and give some ornament and took a written i am willingly taken. After that they bit her and wipe out from their home. We did not complain or case for save family of my sister. Please guide what to do.
Vijay Raj Mahajan
(Expert) 07 March 2018
Your sister should file criminal complaint for domestic violence against the husband seeking maintenance for herself and child along with claim her right to residence and protection order against the husband to prevent him to indulge in domestic violence again her in future. She should even claim her Istridhan kept in the matrimonial home by the husband as that is her absolute property. This complaint should be filled under the Protection of Women from the Domestic Violence Act, 2005.
Another independent petition for maintenance can be filled against the husband u/s 125 Cr.P.C for herself and minor child.
In the RCR case filed u/s 9 of the Hindu Marriage Act,1955, the first thing the wife should move application u/s 24 for interim maintenance for herself and u/s 26 for the child maintenance during the pendency of the RCR petition.
After being bombarded with all these cases/petitions/applications the husband will come forward for compromise and settlement of matrimonial dispute on your terms and conditions.
bankim
(Querist) 07 March 2018
Sir,
But due to heavy torture sister not willing to go her husband house.
Vijay Raj Mahajan
(Expert) 07 March 2018
So who's asking you her to go back now, at least let her claim her right against him.
bankim
(Querist) 07 March 2018
Thanks for your guide sir.
bankim
(Querist) 07 March 2018
Thanks for your guide sir.
bankim
(Querist) 09 March 2018
Sir, which suit can we file 1st, domestic violence or 125 or rcr.
Dr J C Vashista
(Expert) 11 March 2018
Same story is being repeated time and again:
"section 9 suit filled"
a day ago
"Section 9"
a day ago
"section 9 suit filled"
3 days ago
"section 9 suit filled"
3 days ago
"Leave husband house with ornaments"
about a month ago
"Taken gold ornament from husband house"
about a month ago
Besides this you have stated to have already engaged an able, competent and intelligent lawyer for contesting cases of your sister, why a second opinion and advise from experts on this platform except the fact it is FREE OF COST?
IS IT NOT AN ABUSE OF THIS SITE?
Ms.Usha Kapoor
(Expert) 09 July 2018
I agree wiith Vi9jay Vijay Raj Mahajan
bankim
(Querist) 16 July 2018
Respected Vijay Raj Mahajan sir,
Thank you for your valuable guide.
We have take step as per your guidance.
Now, brother in law come forward to solve the dispute and willing to continue his married life.
Thanks a lot sir.
And thanks to Ms. Usha kapoor madam.
