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Mohammad Shahzaad (Owner)     27 August 2012

Misunderstanding with husband

Hello Sir/madam

                  My Name is Mohammad Shahzaad I want a Advice regarding my sister's Law. 

My Sister get married before 3.5 year. My Broher-in-law stay in Dubai. Till 1 year everyting was going good. But after that someone created a misunderstanding to my Brother-in-law about my sister on phone that is 100% Wrong. He don't know to his guy but from that he is doing toucher to my sister from there.  My Brother-in-law family is very good and honest. If we take any Legal Action they will come in problem. But now is going out of limit and we want that he (My Broher-in-law) stay with his family. 

Please tell me what we can do that he came INDIA and live his family.

Please advice me, I will be very obligate to all of you 



Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     27 August 2012

If it is a misunderstanding it has to be settled amicably, Get the help of a marriage counsellor if you can. Indulge in criminal complaints if your sister has been tortured or treated with cruelty for or in connection with dowry or stuff like that. If your brother in law has left the company of your sister without reasonable cause you can file for Resttituion of COnjugal Rights. Maintenance is also for hers to get if she is unable to maintain herself. 


Adv. Bharat Chugh

* Supreme Court of India

* Delhi High Court

* Distt. Courts in & around Delhi/NCR

stanley (Freedom)     27 August 2012

It is better to settle the problem amicably and settle the misunderstanding .You have not mentioned if your sister is working has children or his dependent on your brother in law  .Alternatively you can request your brother in law to sponser her a Visa (Provided he comes in the salary bracket to sponser it ) and take her  to Dubai and they can live togather .Alternatively if he is unable to sponser the visa he can apply for a visit Visa and she can look out for a job over there . But you cant force your brother in law to leave his job and come and settle in india , But he can do so on his own will. 

Restution of conjugal rights wont help much . Since the contracts in the gulf are such that he would be having  a leave of say one month a year or two months leave after a period of 22 months . It is but natural that they would be apart for these periods .Resorting to legal action is the last as it breaks up the marriage .Nobody benifits in this and it works around to just maintanence custody etc and spending your time in courts for long periods and losing your money paying up the lawyers .

1 Like

Aadil (Sales Manager)     27 August 2012

sit and settle the issue...my advice is not to proceed with legal it will ruin ur sister's life better sit  and settle the matter..

1 Like

rajiv_lodha (zz)     28 August 2012

Take help of common relatives n elders. Try marriage councellig too. Its very delicate time, things may take any course!


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