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Manju   09 July 2023

Marriage issues and legal opinion

Dear experts, I need your valuable advice on one query. Please help me.

I am from Andhra Pradesh. My sister was married to a Karnataka person. They throw her in the street with physical harassment. So, she left in laws home and staying with us from last 10 years. We approached the local court with the MC Case and DVC case in 2015. They approached Kolar district court and won conjugal rights case in 2018. As we are not aware of the legal process, my sister was the only witness from her side in that case. No other person gave in favour of her. Based on that judgement MC case was dismissed in 2021 and DVC was dismissed recently in May 2023.

Now, my sister is with empty hands and the gold of her also with husband only. We didn't file any 498a also when she left their house. Her 2 daughters are also with her husband only. Her daughters age are 18 one and 13 years other. Initially when we file case, she was in opinion of going their husband home. Now, clearly in the view that she doesn't want to go there because of their attitude.

Is there any way to recover her gold and any maintenance amount from her husband? Please forgive anything wrong. Please help on this. Thanks


Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

She remained silent over the issue of retrieving her jewels. 

Her case for recovery of the same at this stage may not be maintainable or it won't be strong enough. 

Dr. J C Vashista (Advocate )     10 July 2023

What was the relief sought in the aforementioned case(s) ?

Seek advise of the lawyer engaged by your sister if she has not lost faith in her lawyer, otherwise consult some other local prudent lawyer with relevant case file(s).

Real Soul.... (LEGAL)     10 July 2023

Why din't she filed for maintenance from so long, since the RCR case is decided that means she should go to in-laws home and stay with her husband if he maltreats her again then she can file for all the cases with recovery of her gold and jewelry and she should file for divorce too along with maintenance, but for that she need to make the cause of action afresh.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 July 2023

Your sister can approach govt. body. https://wcd.nic.in/ . Grievances can be submitted in that department. The officials will take up the case and settle the matter. Section 125 of the code of criminal procedure provides that any person having sufficient means to maintain himself cannot refuse the maintenance to the wife, children, and parents if they are unable to maintain themselves.

P. Venu (Advocate)     11 July 2023

Yes, the obvious solution is in complying with the RCR Order and initiating fresh action if circumstances so warrant.


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