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Sandeshyutr (Sr)     27 October 2013

How can we handle it, please advise

My sister who is well educated and working in a MNC married to her college-mate and it was love cum arrange marriage, they are married for 5 years now and they have a baby too, the problem started after 3 years of marriage when their parents from Bihar started to interfere in the marriage and started to torture my sister mentally when they come to visit them both. Which created friction between them as my brother-in-law supports them and used to ignore there harrasment to my sister. My sister works full time and so she cannot serve them when they are at home and they started with that and then in end end started to interfere in "their" financial matters, like asking my sister salary to be used completely in the house (my sister used to earn more than my brother-in-law) and later it became worse. My sister respect them but when she felt something not correct she used to object and that was too much for their village mindset and they started to abuse her and my brother-in-law kept quiet. Even they said many bad things about my sister character, this was too much for her but she never told all this to me, my mother knew and she was the only support for her. Until one day my brother-in-law started to beat her, after 2-3 times she could not take it so she went to complain to police on 3 occasion and all of the time police officer didn;t register a complain and let it go giving him warning. This was again taken as a issue by my sister in-laws as if it was her fault to go to police station. 

Anyway, my brother-in-law after that totally changed and he use to leave house for weeks as and when he likes to stay with his brother or go back to his parents place. It all started with their parents involvement and now situation is this that he left to his home town from 3 weeks already and anytime we try to reach him, he says he cannot come and he want to end this, but he don't want to meet and talk about it, I even promised him to hear his part and senior members of family will try to find some solution and if not then we can end this. To this he calls us to his place and I fear its not good thing to do as in the past his father threatened us with dire consequences etc and I am pretty sure something can become out of control if we reach to him at his place. 

Is there way where we can do something so that he can come out of his place, like pretending we don't know where is he and filing for missing complaint, he ahs facility to work from home so looks like he is enjoying it. 

Secondly, he told me on call that he is avoiding to live with my sister because of constant fight and may be he will beat her again, but thats not true, only when he receives call from his parents he behaves this way. I am thinking that because his younger brother recently got married and they got good moeny as dowry and their in-laws hatched the plan to may be marry him second time and get dowry. But he is thinking it can happen easily.   

Marriage happened at Allahabad so where will be divorce case registered if we come to that and can he transfer this case to his place? What can we do to avoid it. 

What suggestion you have for me how to go about it ? Please advice.



Learning

 7 Replies

gautam (not disclosed)     27 October 2013

wherever divorce case is registered, generally the girl may get it transferred to the place of her current residence citing some reason.

As your sister husband has deserted her, she can file RCR case.

1 Like

Sandeshyutr (Sr)     27 October 2013

Originally posted by : gautam

wherever divorce case is registered, generally the girl may get it transferred to the place of her current residence citing some reason.

As your sister husband has deserted her, she can file RCR case.

But isn't RCR for husband or even wife can file RCR case ? Sorry I have no idea in this.

gautam (not disclosed)     27 October 2013

RCR can be filed by either party. in fact, the one who files RCR is perceived as the one to continue the relationship despite problems and is taken positively by the court.

Laxmi Kant Joshi (Advocate )     27 October 2013

1.file case of domestic violence in the woman cell of your area PS , on the ground of physical cruelty and mental torture as he fee from Home without any reason. 2. Crime against women cell register your complaint and then they will call your husband in the cell and ask him in detail about this behaviour and attitude he have to explain it , the police officer of the cell try to mediate both of you husband and wife as per your husband explanation and attitude , if they found him that knowingly with malafide intention he nagging you , then they will file the fir against him .otherwise they will allow you to go for live together, simply giving advise with warning.

gautam (not disclosed)     27 October 2013

before you decide to file legal cases,  please evaluate all options of reconcillation.

only if all other options exhaust, take legal recourse.

Sudhir Kumar, Advocate (Advocate)     28 October 2013

on papers RCR is for restoration for marriage but actually it is .........

Sandeshyutr (Sr)     18 November 2013

Just an update as my brother in law was missing and not returning back to home. even after repeated request, finally I got a call from him and he told me he is giving us 6 month time after that he will re-marry. Can you believe this ? How come someone dare to tell us this, he keeps on repeating that he cannot come and live with my sister as there will be fights etc. 

Now, I want to know what I can do, can we file for RCR now and then divorce case as there was dowry demand too, he has beaten my sister in the past and she been to police station twice, no FIR registered though,  can we ask for some proof from police station for this act.  

Also, marriage is not registered even after repeated request he never went to register marriage with my sister but we have all the proofs like marriage video, invitation cards etc.

Where can I get good lawyer to handle this case for us. Please PM me.


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