manish (abc) 25 April 2013

Domestic violence

Dear All,

I am writing this in behalf of my sister.

she married in may 2005 to a business man cum farmer, now having 2 son children of 3 and 6 years.

She facing lots of problem at her husband's home mainly related to Domestic violence.

her mother in law is abusing her all the day, husdand is not taking care of any thing, not protecting her against any violence , disputes, and from other issues .

One time they (mother in law and her brother in law's wife) tried to burn her after putting kerosine.

she is great depression and attacked by many diseases.

In all the above issues, husband keep mum, not saying anything his mother and wife as well.

He is 50:50 both side.

Presently she is at her parental home.

My questions:

1. What to do in this scenario?

2. What is the best solution to handle this problem?

3. what abt the children, she want the custody of both the children but husband's family member also claim to take possession of both children?

4. what to do if someone from husband side will takeway her children or do kidnaaping fo her sons.

please provide the best solution to above stated problem ASAP.

with best

Manish Patidar

9891447150

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3 Replies

Tajobsindia (Senior Partner ) 25 April 2013

1. Ideally she should take both children with her and come to her natal home immediately.

2. Kidnapping is not that easy made out and moreover a parent is not found to kidnap h/er own children !

3. She should file for divorce under ‘mental cruelties’ and pray for interim maintenance under Civil laws.

4. 50:50 kerosene incidence does not mean she should keep on suffering mental cruelties in guise of I am the only upright married (Hindu) woman and will not claim divorce yet will suffer forever.

Such soft thinking times have gone. Empower her being her brother and side by side support her by introducing her to vocational studies of her interest to stand on her own feet eventually given to understand her marriage is not at all working and her safety, security and well being are all at stake. Civil laws gives opportunity for spouses to re-join (think over) or part ways sensibly over Criminal laws.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 25 April 2013

Dear Querist

no need to worry

1. What to do in this scenario?

first of all consult with the family members and try to settle the matter amicably.

2. What is the best solution to handle this problem? best option mention above

3. what abt the children, she want the custody of both the children but husband's family member also claim to take possession of both children?

if the matter has not settled between both of your families then file a domestic violence case against them and should take both children with you and come to your home as soon as possible, doing thid you can save your time and money too.

4. what to do if someone from husband side will takeway her children or do kidnaaping fo her sons.

there is no kidnepping because he is the father of the children, if you think that he can do that then file a civil suit before the ciourt and get a injunction order against him or his family members too.

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