Dear All learned members of this forum,
Thanks very much for advance for giving your kind and valuable time to my query
My sister, age about 55 years, was constrained to leave her matrimonial home in 2009 ( on account of cruelty by husband, demanding money by unique way of taking loans for car, house, brothers house in her name , enhancing loan amount etc etc.)
During whole last year of stay in her matrimonial home (2008 and end of 2009) she remained admitted in hospital 3 times for more than 15 days each time, due to mental pressure and worry about repaying heavy loans.
The flat in which why were living (in noida) was also built by sister taking loan in her name and partly funding from her gpf account, combining with almost one third amount from husband.
She was again remained hospitalised for 17 days in Ganga ram hospital, after the last quarrel on Nov 2009. at that time her only son was five year old. When she recovered after few months, it came as big shock to her, that neither she was allowed to meet her only son and neither she was allowed to enter in joint propery (flat), one sided she was severly ill and other side, she had to find place to stay as her mother family also had one bedroom flat and they could not support her much. for few intiial months she lodged only complaint with NCW and noida police, but both of them tried to reconcile but could not pass any direction so that she could enter her house and meet her child. she finally took a house on rent and after some settlement filed a DV case against her husband and elder brother and bhahi of husband, who were main persons behind the cruelty given to her. but that case lingered on for another 3 years and finally she could not pursue it further and till that time, it was more than four year away from her son (though couple of instances she could meet her only sone in courrooms for few hours, twice she tried to meet her son at his school, but husband gave instructions to school that she is bad lady and school will be responsible if they allow to meet his son to her). As the time passed she made up her mind that no person / procedure could hep her to regain her rights of matrimony and to keep her child with her and settled the case with her husband that she will not pursue the case and for betterment of her child (so that husband could focus only care of child) and both parties will not file any case against each other.
now she has got a advocate notice that she has to pay x amount for studies and upbringing of her child whose entire expenses are borne by husband only and if she fails to pay the amount, a case on behaf of child will be filed.
Can she apply for divorce and on what ground, she is still having same kidney disease and its severe form, she is able to maintain her self with very difficulty and not able to take care of anybody else, as she is herself dependent for many things like going to hospital etc.
