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sameer (Assistant)     09 May 2017

498a Case help...

Dear all help us. My sister married in the year of 2000. Her husband always beats her and demand dowry aftr marriage.Because of this in 15 year of marriage life she stayed about 8-10 year in our house (father house).At last my sister filed a 498a and court grant bail to her husband on a condition to take my sister to his home and keep her with dignity. But after taking her to his home he again started torturing her,beating her and demands money. He also tells that i will always beat you,and harass you if you have problem than send me to jail. My sister have one 11 year girl child and one 6 year son.Her husband also beats her daughter and son.He does not have any affection to his child may b it is because his child grown up in my house(grand paternal house) Her husband not doing any job or work for last 5 years he also does not have any property. My sister is very tension if see take divorce how she will run her family,If she complaint to court, court may send her jail on this case how she will run her family. Please suggest us what to do.... Which way will be good gor my sister.


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 8 Replies

sameer (Assistant)     09 May 2017

If she complaint to court, court may send him jail on this case ( corrected)

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     09 May 2017

Right to residence – A wife has the right to reside in the matrimonial household where her husband resides, irrespective of whether it is an ancestral house, a joint family house, a self-acquired house or a rented house.

as per law, married women are  entitled to all articles, movable or immovable received during their marriage and can even claim maintenance. Though they may have family support or may be in immense emotional trauma, they should step forward to seek maintenance for themselves and for their child from the court. It is important for them to keep themselves apprised about the finances of their husband, including details like tax-payments, bank accounts and monthly bills,” 

sameer (Assistant)     09 May 2017

Thnx for your reply sir. Husband is vagabond not doing any job or work.He has only his father house.He thought that if he harass his wife she will again go back to her father house. I want to know if wife complaint in court and if court cancel his bail and send him to jail( as he himself says send me to jail) wife can stay in farher in law house or not? Wife have no option if she stay calm all the time husband will harass her and if complaint husband might come on right path. (Note-:Wife and husband are muslim)

Anjuru Chandra Sekhar (Advocate )     09 May 2017

Sameer. She needs to earn income on her own and stand on her own feet. That is the issue here. You see case may go either way, husband may be punished or not punished she will remain burden on father, father in law, or husband. Save her from this dependence from male members by engaging her in some job. 

sameer (Assistant)     09 May 2017

Right sir. She can run her family by doing job but the problem is of residence.Where she will reside, father is so poor.If she is able to reside in matrimonial house with her two child then there will b no problem.My question is.. Is she able to reside father in law house by muslim law. Thnx

Anjuru Chandra Sekhar (Advocate )     09 May 2017

Not under Muslim law. There is a law called Protection of Women & Children from Domestic Violence Act, 2005. It is secular law applicable to all communities. She can file a petition seeking her right to Residence at in-law's house under this act. However that place should be her matrimonial home. It would be better if she along with her husband stayed in father in law's house.  It would become difficult to get favourable order from court if she stayed as nuclear family with husband away from father in law's house. But not impossible. It all depends on peculiarities of circumstances of case.

 

Apart from Right to Residence you can also pray for granting Protection Order under same law. It is a direction from Court to matrimonial family members not to indulge in any acts of violence and may include direction not to interfere with the privacy of petitioner etc.

 

 

 

 

sameer (Assistant)     09 May 2017

Thank you sir thank you very much for your advice

sameer (Assistant)     09 May 2017

Thank you sir thank you very much for your advice

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