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srinivas (xxxx)     07 May 2023

inlaws not allowing into house

A well educated Girl married as per Hindu marriage act to a software developer staying at Sweden, whose parents are state government teachers staying in Hyderabad.
After the marriage, girl went with her husband to sweden on visiting visa.
Soon after, mother in law started over the video calls continuously by disturbing her regular activities.
Statrted quarrels between wife and husband. Beated. Broken mangalsutraa. No food. treated as slave.
Girl's parents requested to send back to India by not torturing the girl. After three months sent the girl to India.
No one came to airport. only her father came. Directly went to in-laws house. Locked. No response over the phone, including their relatives.
What is the solution for this?
Kindly suggest as she is suffering from me tal agony.


Learning

 10 Replies

T. Kalaiselvan, Advocate (Advocate)     08 May 2023

She can lodge criminal complaint against all of them since her parents in law also tortured her through phone and instigated their son to unleash all types of cruel activities against her.

She can lodge a ciminal complaint with the local police for the crulties done to her including dowry demand and harassment.

Besides she can file a domestic violce case seeking protection, residence, compensation, return of her articles and monthly maintenance amount against all of them

 

1 Like

Real Soul.... (LEGAL)     08 May 2023

She must immideatly call the Police help line, they will release her and che can register FIR. 

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     08 May 2023

Complaint online can be given through this website. https://bharosahydpolice.telangana.gov.in/

1 Like

srinivas (xxxx)     08 May 2023

website for online complaint is not available please

Real Soul.... (LEGAL)     08 May 2023

She should call 181 .

https://tscw.telangana.gov.in/contact/#seek-help

Sudhir Kumar, Advocate (Advocate)     09 May 2023

Agreeing with the experts, I will add that a married woman has a right to force entry into the matrimonial home.

 

In case her husband is still Indian national and committed crime outside India then he is liable under IPC and can be forced (after lot of labour) to come back.

Sunita Khorwal   09 May 2023

Lodge an FIR with police and file a case under  DV act for reliefs like residence, maintenance, dowry articles and others against her in laws. 

srinivas (xxxx)     09 May 2023

Is DV act applicable when their son is in Sweden? Who is responsible for maintenance? Kindly suggest

Niharika Lohan   10 May 2023

Hi Sriniwas, I’m Niharika, a practising advocate in North India.

I have read your query and here is my thoughts upon the same.

The aggrieved lady can seek multiple reliefs in such a situation, as follows:

1- Seek Protection order under se. 18 of Domestic violence Act, 2005, wherein the Magistrate on finding sufficient grounds prohibit the respondent from committing/aiding/abetting any acts of domestic violence.

2- Seek Residence order to live in the shared household under sec. 19 of Domestic violence Act, 2005. Under this section the respondent and his relatives can be restricted to enter the shared household premisses, if the Magistrate so orders.

3- The aggrieved lady can also seek divorce under sec. 13 of Hindu Marriage Act, 2005 on the grounds of mental cruelty. Mental cruelty had been recognised decades ago as a form of cruelty and a ground to seek divorce, in the landmark case of Dastane v. Dastane.

I hope you have a clearer idea now. Feel free to contact

srinivas (xxxx)     10 May 2023

what was the reason that they locked their house and not responding over the phone, being the government employees? please suggest

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