Respected and learned Advocates,
I seek your advice for my sister divorce case. Facts are as follows:
1. My sister 25 years old and working as staff in govt bank and her husband is working in IT . I belong to haryana and the boy from rajasthan amd both husband wife lived in noida.
2. Post marriage my sister's sister in law lived next door. The boy was a bit of psychopath and narrow minded. Marriage tok plwce in april 2015 amd girl had to live in her parents home bcz:a) she did not get transfer to noida initially amd her husband was adamant to live with his sister (who is married).
3. On every festival and other events despite having salary of 60000 the boy was always hell bemt to extract money from my sister (she had a salary of 20000) . Even she was made to pay bills for his sister household expenses despite her husband earning a good salary of 90000. My sister was able to meet her husband on weekends only till august that too when she went there otherwise her husband was least interested in spending time with his wife
4. Somehow we managed for sister's transfer to noida and later she suffered mentally and physically for next fee months. Her husband and his sister often physically abused her. Her father in law and mother in law were aware of all this,
5. By December 15, due to so much stress she sufferred a lot of hormonal problems and even became diabetic now.
6. In april , me and my parents went to their house at Rajasthan to ask the boy to behave and improve his behaviour.
7. May 2016 my sister was threatened by her husband after drinks and we have to take her back to her home.
Several times my father along with few respected members of the society approached them to stop this treatment and live happily.
My father spent around 40 lacs(sold some of his property) on marriage and gave a car also (which I later got to know that it was demanded by them after engagement) . This marriage was done after seeing their ad in a matrimonial megazine.
Last nov. After losing all hopes we filed a FIR IN haryana with women cell , they called them for reconciliation but the husband and his father only came once amd later sent fake medical certificates of the father in law amd further did not attend the counselling session.
Later our lawyer invoked DV Section and dowry and other relevant acts and a case for maintenance has also been filed in my hometown.
On other hand , the husband side has filed a case for divorce in family court in rajasthan on charges of brutality by my sister and her character assassination was done.(despite the fact that most of the time girl lived in noida and at her parent's home and very few days in rajasthan)
Now whenever haryana police summons them they come as if they are on picnic spot. And using their influence and may be money power also now Haryana police is putting undue pressure on us to go for mutual settlement and acfept whatever 4-5lakhs they give and go for separation.
My lawyer is also not able to get something fruitful amd I see no ray of hope. My family is going through this undue trauma
My queries are as follows:
1. I am aware of the faft that contested divorce goes for 4-5 years and for mutual settlement they are not ready to give the amount anywhere near to what was spent in marriage.
2. In case if they do not want to go for mutual consent (considering the way Haryana police is favoring them and not rrady to even fix charges and file chargesheet) what is the way out to seek justice and ensure culprits are brough to justice.
3. There are photos of marriage party wherein boy and his father accepting cash and jewellary but police is still reluctant to book them and the worst part is ehen the boy and his father are sittin and cracking jokes with investigating oficer (IO). IO is continuousky pressurising my parents to acept whatever amount they give and settle the matter.
4. Since my sister is also working and do not have a child , is there any scope for court granting her alimony.
5. Since it will be troublesome for my sister (already under treatment) and working with a minimal salary and may be a threat also for her to travel to rajasthan for the Divorce case they have filed and what is the way out for transferring the case from rajasthan to haryana
A. The boy lives in noida amd after marriage they lived mostly in noida. Just because the marriage ws registered in rajsthan, is it just to have the case there.
HOPING FOR positive solutions,
My family has gone through lot of trauma during this period , request to please save us from this harassment
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Regards,