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Sid   10 June 2017

Help & guidance required

Dear Lawyers Club India,

Please guide us!  This is most urgent.

My sister is married in the year 2014 (arranged marriage) and has a 9 month old daughter. Within few days after her marriage, her husband, without her consent and knowledge, sold all her stridhan given by our parents stating that he had to clear loan taken for marriage. Thus, she has left no stridhan, except those received from in-laws in marriage including 1 small malgalsutra & 4 small items i.e. finger ring, bindiya, payal & challa. Her husband is normally alright with her, unless he drinks and comes home late night after work. When drunk, he abuses & beats her saying that she has not brought much in marriage from her parents. Her main problem is her mother-in-law's behaviour towards her. Her mother-in-law & sister-in-law are fair and beautiful, whereas my sister & her daughter are dark in complexion. Her mother-in-law daily, constantly abuses & insults for not being fair & beautiful and for not bringing much in marriage. Not only that she pulls my sister by her hair, beats her and uses filthy language towards my sister. She constantly keeps on quarreling with my sister.

Recently, my sister’s mother-in-law started quarrel with my sister and gave her filthy names and asked her to leave the house. Her husband was at work. My sister therefore picked up her daughter. However, the mother-in-law asked her to leave without her daughter. So my sister came to our parents’. Then she called her husband and narrated the incidence, upon which he started abusing her and said she must only have said / done something to upset his mother. Next day, he brought their daughter to my sister at our parents’ place and told her to stay there for few days and then he will take them back home after all is settled peacefully. After two days, he called up & told that he and his mother don’t want to take them back and disconnected the phone. After two more days, my sister received a legal notice for restitution of conjugal rights and calling her to return home within seven days. We all were shocked to read the allegations in the notice, saying that my sister has been abusing and torturing her husband and his mother.

My sister wishes to stay with her husband with love and peace. She does not want to make any hue and cry or any issue out of all her sufferings. This is the only reason that she has not yet approached the police, nor has she revealed anything to anyone.

We seek your guidance as to what can be done and what we can do to send her to her husband peacefully.

Thank You. 



Learning

 2 Replies

saravanan s (legal advisor)     10 June 2017

If your sister doesn't wish to join the husband then let her husband proceed with the rcr case.restitution would be either given or not by the court after hearing both the sides.the husband through filing rcr wants to show that he is interested in matrimonial life while your sister isn't.your sister can file dv case asking for residential, protection, maintenance order against her husband and in-laws.contact the protection officer of your area to proceed

A walk alone (-)     14 June 2017

No need to file any case. Your sister has two options 1) rejoin her husband for better future of daughter. Forget all past and try to adjust in family. But in future if her husband and his family continue same behavior and ask her to collect evidence and shout loudly for help so that neighbor will gather . 2) if your sister think this relationship can't continue then go MCD. Dnt file any case. Filling any case is wastage of your time and money with zero result. Family problems should solve within four walls of house. In court family problems can never solve. Your sister can choose any option.

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