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GSK (Engineer)     28 December 2013

Divorce

Hi Team,

I need your help,

Back Ground: My Sister got married in 2005, During marriage we gave around 5 lakh cash , For the first 6 months her marriage was fine , after that her husband  harassed mentally by commenting her family members, my brought this issue to elders and they were tried to convienced my brother in law to not harass my sister , this kind of harassement continued 2 years and elders tried to conviening him.

Due to my father illness my sister came to my home , when she was at my home he filed divorce with silly reasons. Even that time we tried to convience him to take my sister to his home but he rejected and said that he is not interseted in my sister. So We went and filed 490A.

Court dismissed all cases my brother in law's Divorce and my sisters 490A. - it took nearly 5 years ..

After court order he didnt take my sister to his home and we are aksed him to give our money back and divorce my sister for that also he is saying that he wont give money. -  it took nearly 2 years .

During this period we not filed the at least maintainance case as my lawyer said , if we file maintainance your sister has to be stay at home..

Query: How we can get justice to my sister. She is at my home nearly7 years ? Even though she is not having her wrong due to his arrogant attitude my sister is struggling mentally at my home ,

Is there any chance to ask him for compensation for this 6 years mental harassment and maintainence?

How to get divorce to my sister along with our money and compensation from her husband?

Is there any chance to send him jail ? He is arrogrant attitude , he never listen to any one.


Please advise...

Thanks

GSK



Learning

 2 Replies

gautam (not disclosed)     28 December 2013

you filed 498A without any dowry demands from them, this has caused the situation to reach a point of no return

Divorce is never a pleasant experience for any party involved.  You cannot claim compensation on mental harrassment

You can claim alimony/maintenance though

T. Kalaiselvan, Advocate (Advocate)     28 December 2013

IPC Section 498a is an offence of cruelty by husband or relatives of husband and has nothing to do with dowry harassment.  She has not filed any case for dowry harassment, but her complaint u/s 498a conducted by the state was dismissed by the court which may be for some other local reasons which cannot be expressed here.  Also her husband's divorce case was dismissed by the court which means the marriage is still subsisting and she is his legally wedded wife, therefore she is eligible for all rights as his wife including the maintenance amount if she has not been allowed to stay and live with him. Though there is no question of  claiming such allowances with retrospective effect, she can file a petition even now, she can file a DV case too for getting justice to all the cruelties meted out to her by her husband and his relatives.  If she is not interested or afraid of living with him due to safety of her life, she may even file a divorce petition against him and can claim permanent alimony too. To make all these things possible, she has to engage a good lawyer too.


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