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yugandhar malik (under manager)     02 January 2012

Seeking divorce

My sister, now 24, married a man, now 32, we knew for long in our locality. She did a love marriage (arya samaj mandir marriage) by going against the family as the man was of different caste. During the time of marriage, both of them were banished by their families. Our family was more stern because we had married her previously at age 15 (though legally invalid). But after some time, the man's family accepted thier son and as I now know, she never got the dignified status of the 'Bahu'. They have a son of 3 years and are living separately from the man's family.

Recently, I came to know that the behaviour of the husband changed and my sister was beaten brutally just after 7 months into the marriage. And during the course of 5 years, she has been beaten many times and hospitalized too due to the cruelity. As I know the man, he is loyal to her and also fulfils her demands but when he is angry, he beats her so brutally that she becomes unconscious for several hours, he even beats her in front of other people and sometimes she got hospitalized (thats how I came to know her position).

The problem is our family has cut all ties with my sister and thats the prime reason why she bore all this beatings over the years. I know my family would accept her but would force her to abondon her child as she can remarry for she is still young.

with this background, I post my questions:

1. she is willing to divorce her but the man is not agreeing, what steps can be done?

2. In case our family doesn't accept her back, where can she stay during Filing-divorce to Grant-of-divorce?

3. During the time between divorce filing and actual granting, what rights do the man have?

(When my sister married the man 5 years back, she wrote a letter in Police station that her family members bore no relations to her now and that we are dead to her, does that letter has any significance?)



Learning

 5 Replies

Ratnesh kumar (Advocate)     02 January 2012

well answer to your questionis as follows

1. she can file for divoerce on the basis of cruelity.

2.she can stay anywhere at your home or at her sasural but since she will file divoerce an dyour bro-in law is cruel so its not safe better that u keep her at your home and if i cant happedn she should live some where on rent.

3.unless and untill she get divoerce the man have all right as wife to her.

4.the letter have no significance.

but my humble situation is that to try to sort out these things ammicably because your family isnot with him so she have to fight all alone and this world is not that gd so tell her to solve the matter ammicably.

rest on you

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2012

Dear Mr. Malik

If it is true then file a DV act against  him.

secondly file an application to share household under section 17 DV Act.

thirdly file an intrim maintinance  

shobha pramod (self emoployee)     03 January 2012

 

hello all

this is shobha from bangalore, i want divorce with in a very short period, as i am leaving seperately from 6 years, and early i we applied divorce jointly, but the case is closed, as i am not attending on date, but now i want divorce, so how long does it take, and how much maintaince can i ask from my husband, as he is earning well, and i have 2 children studying, please give me a suggestion

the case of land dispute is their, and in court they have given 1/4th share in my husband's property(share to my kids, as the property is ancestor's), but still need to get the final, and i dont have any earning source and i need maintaince for me and my kids as well, 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Unfortunately Shobha, 

 

There are no short cuts.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     18 January 2012

Dear Mr. Malik,

 

File for divorce only from your sister's side and try to see that the matter ends during reconciliatry proceedings.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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