Ammendement to hindu marriage act 1955

dear bhaskar you are senior members of this forum........... therefore pl dont used abuse language that affect the culture of this forum.

OK sir, i will take care

Dear Mr.Bhaskar,

As we are educated and our's is a valuable profession,we have some guidelines to follow.Anyway let us the matter here and I presume it will not be repeated by anyone.

anyway let us close the matter

I have one Query. My sister got married in july 2010. After 2 months of marriage her husband started to ask for divorce. But she didn’t want to give divorce. He blackmailed her. For taking divorce he tortured her mentally and physically hurted  her. Both are government employees. When she goes to work he abuse her through sms and by call. Actually he is forcing her  to  be agree for the Divorce by giving mental torture. He has beaten her many times. Now she has a baby of 4 months. He always blame that she is characterless and abuses her  which is not true. She always say to him that she only loves him. That’s why she does everything what he say. She is tolerating his torture. He always threatens her for divorce. He has some printout of Emails of 2005 when she was in college. In Emails there are some letters written by my sister to her boyfriend. But their relationship was broken in 2005 and after that they never had any contact. They never met again after break up.  Now she only loves her husband. But when her husband came to know about that 5 years old relationship, he started to ask for divorce. He said that he will prove her a characterless girl by showing these printouts of emails and easily take divorce. Many times I told her not to bear all this torture and come to home but She is bearing this torture in the hope that everything will be all right in future.

Actually He wants to do remarriage after taking divorce. We are in big trouble. Please sir tell me how can I save  my sister life. We don’t have any proof except some sms.  My questions are

1)      If he moves to court for divorce with that printout of emails whether emails printout are valid proof?

2)      If she lives separate from him without giving divorce then whether living separately is a ground for divorce?

3)      If she ready to give divorce then who will get custody of new born baby? 

Sir please suggest some actions which we can take in this situation. I cant see her living a life like a slave in his hand. This time he doesn’t allow her to talk with her parents on phone so we are not able to talk to her. We don’t know how is she?  Sir please please reply what should we do? I am waiting for your reply.

Mr. Abhishek,

With the past letters her husband is blackmailing your sister to get divorce.

It is her decision to live with the husband or not.

1. Yes he can move to court of the said printouts saying the relation is being continuing.

2. If she lives seperately, without any valid reason, he can move to court on that ground.

3. your sister prevails the custody of child , he can hav visiting rights if interested .

  Try to counsel them through the mediatiors and take decision. Good luck.

Dear Abhishek,

Just because he has the emails of her past friendship,the court will not favour your brotherinlaw.Ofcourse they will be produced as evidence.The court has to decide the authetenticity of those mails.Immediately file a case u/498A and Domestic Violence Act,and he will come to terms.Gather evidence against him,so that your sister will have some source to prove innocence.Contact a good family lawyer and ask him to compromise the issue outside court.

@ Devalia,

Why are you instigating the Abhishek to file the false case of 498a? Can you tell me how this case is related to dowry harrassment.

Please refrain yourself from giving wrong advice as this will further ruin their relationship and chances of re-union will be totally lost.

Dear Prachi,

Have you gone through the query completely.When the husband is behaving in an irresponsile manner,the wife has to be on the safe side.That fellow is tormenting her as per the query.Kindly go through my past answers,every where you will see that I always ask them to settle outside the court.This is not wrong advice,but correct advice to safegaurd her.Finally it is let to the wife how to settle the issue.This case is not the first but probably the 1000th during my 25 years career.That fellow is on the verge of another marriage,can you stop him.

@devalla

Nowhere is abhishek saying that his BIL is asking for more dowry. His BIL is only asking for divorce based on his wife's character(true/false). So, plz don't ask people to file false cases as there are lot of people suffering with false 498a.

@Abhishek

If your sister wants then she can deny him divorce for ~10 years(lower court, appeal in higher court etc) , so your BIL can't run away easily unless your sister wants to grant divorce easily.

Marriage needs 2 peoples agreement, so if husband doesn't want his wife then send some elders and talk to him.

Since your sister is also govt employee, she can't expect lot of  compensation by running around courts. So, take a mutually agreed divorce or ask her to contest his divorce if he  files for divorce.

She can file DV case on him as he is hitting/harassing your sister. But do keep one thing in mind, once matters reach court, it will take years to resolve the issue.

Sir thanks a lot for your suggestion

Sir actually many times my father and mother went to talk with him and every time he said its ok nothing will happen in future, I will not ask for divorce But after few days he started the same thing. He started asking for divorce. He told to my sister that i want to do marriage after taking divorce.He is forcing her to be agree for divorce by giving mental torture to my sister and to my mothre and father.

Gentlemen,

I am not talking of yesterday or today.I am talking about tommorrow. A dog's tail will never straighten.My heartfelt and sincere sympathies for the girl.As a lawyer first you have to concentrate on the negatives than the positives.If you don't give importance to negative aspects,you are bound to loose the case.Go through the entire posting and comment on a collegue.

Hi Devalla, I suggest you to provide counsel on retaining the institution of marriage than filing 498A or looking into negatives. Try to advice on preserving the relationships for benefit of one and all.

Abhishek: Many times relationships get complicated due to involvement of family members (applies to both sides) as they can never remain impartial over matrimonial issues. Please suggest your syster and brother in law to go to marriage counsellers and/or psychologists to rectify themselves. This will work.  Your sister might be sufferig, but understand from your BIL perspective with regard to some old relationship. this can be better explained and convinced by a professional like psychologist/marriage counseller than family members. I wish everything will be alright.

Hii Pranesh Sir,

Thanks for your consult but we have been trying to resolve it for last two years since marriage but my BIL always used to torture my sister and he has some other affairs with other girls and I have enquired one of them and my sis has seen many sms in his phone from different girls.So He is trying to convince my sister anyhow to make her to file a case for divorce and he can easily go with other gals or he is making many conditions like my sis can never ask any question to him whatever he do and she will have to give her all salary to him and he will give her only 10 or 20 rs for conveyance daily.Now a days my BIL and his family forcing my sister to give them in written that he can do remarriage and she dont have any problem with that.Is that possible sir???my sister is tolerating all this thinking about us that what would happen to the marriage of her small sister and brother.I dnt worry about my marriage sir but i cant see my sister life ruining like this.My BIL always blackmail my sister like he will kill me or my sister.He is saying that he is going to filr a case for divorce in nasik and he will easily prove that my sister is characterless which is not true by making false evidences.

Does anyone have a link to list of amendments to the hindu marriage acts. When is this applicable as a law.

I have a house property which I have bought before marriage in my name. I don't have children, does my wife have right one this property?