indu (nothing) 23 July 2015

Husband harassment

Respected sir

My Sister has been married for 20+ yrs with 3 kids (15 yrs,13yrs and 6 yrs). Her husband in indian army in (Chandigarh mes) After marriage she has been tortured to the extreme extent by her husband and mother in law Whole family has harassed her badly and continuous torture. She faced for 20 years due to lack of dowry and their demands which was fulfilled completely by us and my father and mother request sister of lows please not now torture my daughter but Also did not agree with her sister's in-laws and tortured her Continuously my Brother-in-law hit my sister regular so that's why some internal and external problems inside my sister .Now my father and mother are not alive. Even now he hit my sister. My sister, she's not much educated. Therefore, some reason she do not know what to do and she is very ill I fear if anything had happened to her What will happen to their children after them And that is why even now she wants to legal action I want to help my sister

Kindly help/guide us with the options

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3 Replies

SAINATH DEVALLA (LEGAL CONSULTANT) 23 July 2015

My suggestion is to file 498A and DV immediately not only to teach them a lesson but also for her safegaurd.20 yrs of torture is too long a period for any mediation or counselling,which may not yield a satisfactory result.

(Guest)

Regarding children, they will be with the father till they are 18, if it is a girl it will be with dad till she gets married. In the meantime they can also file 125 crpc application in court asking alimony from their father. at the same time the mother of the children can also file an interim application along with divorce applicatoin and she can claim alimony. She also has to file 125 crpc if she is not living with her husband anymore.

She can also claim alimony under PWDVA 2005. All these options are there, but once you step into court relationship is gone for a toss. Think and act. all the best.