Husband under father's pressure.

Your sister can ask for a protection order........right to residence  through the court under the DV act . But please dont go to teach a lesson to the family as you end up learning and what ever allegations you put have have to be proved  . Hence apply a cool mind and seek the relief but it is time consuming .

Thanks for your response stanley.

I have all the photo's of my sister being beaten up and the after effects of the same.

And also the audio conversation of they abusing my sister and using filthy language against my mom , torturing my sister etc etc....

How does this protection order...right to residence work....Should i meet the police or file a legal suit in the court of law for this ?

By the way as you say your sister was beaten up do you have a Medical report from a Doctor and may i ask you a question why didnt you sister file an FIR  with the police when this incident took place .

you have to hire a advocate and file a complaint under section 12 of the domestic violence act and if the allegations are proved true than a protection order would be passed . 

Look Its always good to settle it in conversation.....But hey! why did they do that at the first place??? what ever may be the reason, its immoral.....

Considering that your sister(and your coward brother in law) she will have to re live with the family again, so if your build up something be aware every possible consequence.....

Stanley is right in saying about a seperate residence under DV act...from my side you can do that under sec 18 of hindi adoptions and maintainence Act....

Make an informed decision and if you hire a lawyer do it Via reference....

Regards

Chetan(dot)7679(at)gmail(dot)com

We don't have a medical report of this...but when this incident happened my sister called our close relatives who live near by and they were shocked to see such a thing..They everyone intervened and they asked my brother in law and his father to apologise but the next day all hell broke loose (the reason being they had to bow their head down to a girl which is against them) and they started abusing her and my family members.

When she threatened she will let the police about this they threw bags off and asked to leave with her daughter..I personally booked the tickets and called her down to chennai.Her matrimionial place is Delhi.

We thought if we call the police it would end the marriage and also she has got a kid.I thought that if stay away from each other for some 3 - 4 months my brother in law will understand the importance of spouse.But in vain!

Hi Chetan,

You are right...Our priority still is to end this whole tussle with a conversation...But they dont want this.

The reason this fight happened was because my father is no more and also my grandfather had passed away a year later when she expressed that she wanted to be a part of the 1st death anniversary preparation they started abusing her and said whatever they want that would happen..My sister cannot call the shots....REAL NARROW MINDED THINKING IS THIS.

I have massive contacts in chennai and my lawyer has promised me that we will meet the police commissioner next week and also my advocate has spoken to my family members and also theirs and have told my brother in law family to accept her as a daughter not a maid...But they asked my lawyer to take his fees and not to advise them about how to live life...EGO AT ITS BEST.

My lawyer is more a family friend and he himself is shocked on the lid of treatment which my sister has recd for the last 2 years.

1. File RCR. Since the other side has ego they will not succumb to RCR decree and bring her back to matrimonial home. Ask your sister to Execute the RCR and ask for attachment of boy’s name assets / income and

ancestral properties then ask share in it for 16 months old child. This will give them the biggest shook of their life that in a civil and not criminal proceedings their half of wealth is being attached by DIL all sitting at her natal home.

2. Later after 1 year convert RCR into Divorce which is again a summery proceeding and re-marry your sister and with the half wealth that she receives in RCR Execution she can live off empowered and carry forward with her life.

By following above you and your sister with 16 months old child in arm will have less police stattion / protection officers office / court visits and less to prove in terms in criminal complaints be it DV or S. 498a / 406 IPC which your family advocate will suggest to launch as your motto “want to teach lesson” is solved via use of adversial Laws and at the end what will come out is "compromise as mutual consent with one time alimony and quashing" bze the moment one party uses criminal laws the dead marriage becomes buried.

If you don’t wish to follow above then answer to yourself from last 2 years your sister is being beaten up white and blue as you say so what kept an educated person like you who also says that I have massive contact in Chennai “kept quite” and no police or legal remedy used and yet you want to send your own sister to same family who beat her from last 2 years?. Is this justice you should give to your sister on lines of “teach them a lesson” ! Infact you should be then learning the lesson of timely resorting to remedies available in Law to battered women who donot resort it timely and then says what you have said in your three replies here.  

Thanks for the insight.

As for your question as to why the police intervention wasn't sought after before the reason being that after my father's demise before 2 years we already were going through the mental trauma's of our life and we thought that this was just the passing phase of our lives and hence were quiet so long which i agree is our big big mistake and we took my sister's life for granted.

The reason why the contacts etc were not sought after was because of my dad's goodwill which we left behind hence didn't want to bring it in the public purview.

My sister's in laws used this to their advantage and sought to take mileage out of this.

Also an important which i wish the forum to know about that my sister's in law are hugely into debts as her father in law is bookie (got to know this recently) and all the residence and factory is on verge of selling off shortly.

Lot of our soceity people have also told us that they want money from us to pay off these debts but again its their ego that is stopping them.

I can screw their happiness off royally trust me but its just the 16 month old kid of my daughter that is stopping me to get into this turmoil.I am 28 years old and i can still feel the pain of being with single parent..My hear pours out for my niece who may loose her father because of the legal battle which may get into.

Thats the dilemma which me and family is facing and mindful you ours is huge family with 200 members and we all support one another in the difficulties which my sister is into right now.

Regards,

@ accenture 

you seem to be of young blood and hence your above  statements there is no point bragging about what you can and what you cant do . My advise to you is trying stepping into a court case and see how it goes on than only would you relalise the gravity  of a  situtation.

whatever statments you made that you can royally screw them and the contacts  you have and your 200 large army etc would only let you get drained out financially in a court case  . 

Will it make more sense to file a maintaience case or a RCR case or a DV act (have all the proofs where he confirms he has beaten my sister)?

My only worry with DV act is that it can end the relationship as it will invlolve police interference but the positive side is my sister can stay with him alone in delhi and know him better and later a decision can be taken whether the guy is worth being a husband or not?

Anyone of this will make him to come from delhi to chennai which will frustrate him as he runs his business all alone and he will not leave his business in the hands of his workers.

Which one of the above is better viable option?

It is for you to decide what you want?

Revenge? Rehabilitation or Divorce?

Based on that you can decide. However, I have not seen many rehabilitation success stories when the parties approach court of law.

Regards,

Shonee Kapoor

Hi Shonee,

Thanks for your reply.

Since my sister has a 16 month kid i would want her to live with her husband sans her in laws.This means that rehabilitation is a better option only then the relationship would remain intact.

But now since you have said rehabilitation success story is few what is the best way out to deal with this?

Regards,

Best way is to sit across and discuss the matter.

Regards,

Shonee Kapoor

@Accenture:

I see the stack of grievances from your side, I understand from the conversation you are giving less room for your sister feelings concern. Talk to your Sister and understand in clear mindset what she really wanted give little space for her love towards her husband. It is the situation made both of your family side main bodies( your sister and brother -in -law) to go lower hand and you people being in upper to take all decision where vengeance crops up and love bind life buried,.... Step down a bit brother, if your sister's bottom of heart says she can live and adjust with her husband happily proceed in favor of your sister likes. NOONE can teach lesson to anyone thats fate hand in other words there is someone called GOD will teach them timely. Your wise decision will really count here. I understand your anger seeing your sister and kid, but no laws and build the relationship .. Laws just made to protect on rights not to build the love and relationship in family. If your sister do a good job of being a great wife and DIL job to the family.. I am sure husband will do anything without even you expect.