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All is well (Executive)     19 June 2013

Please advice

Hi All,

It's a long story probabaly but i would like to seek your advice. My brother was in mental trauma from past 2 and half years. My sister in law is uncivilize and doesn't know what to say at what time. Her family and she created hell lot of problem and involve with black magic practice to seperate our family. I know most of the people doesn't belive including court but still mentioned here. She hitted him many times and used vulgur language to my family. Once we had a discussion with their family but her family is not ready to talk inspite of looking at her daughters behaviour. She doesn't do anything at home and keep calling her parents to Hyderabad from West bengal from every small reason. She infact said lot of things about their personal stuff to her mom and dad and my mom and dad in the discusssion. Now due to her behaviourmy brother had to seperate from us and inspite of seperation see again started creating problem. Their family never came for a discussion and started using bad language over the phone. They infact visited my brothers home without even informing our family and his son in law. Now they have come for final discussion again hopefully but not with us but with my brother. Since my brother will be alone and we have decided to fight this battle togather. I consulted from few lawyers but no fruitfull result and I recently seek an advice from one of yahoo forum who is veterian Laywer by profession and gave me a wonderful suggestion. My question is apart from his advice what proactive measure should i take to save my family from section 498 a harrasement, voilence case etc which never happened? The reason most of the cases are in favour of women. If men hits his wife he is violent and if he gets beaten up by her, he is a coward; if he fights after seeing his wife with someone else then he is jealous and if he does not react then he is indifferent; if he goes out of house, he is a wanderer and if he stays at house, he is useless; if he scolds his children he is torturous and if he does not then he is irresponsible; if he stops his wife from going to job then he is of suspicious nature and if he does not stop then he lives off his wife; if he listens to his mother then he is mama’s boy and if he listens to his wife then he is a henpecked husband.Yet, he cannot share his pain with anyone. People laugh if he does so

Advice from the lawyer . Please check it below(hope this will help few of them including me)


Protection of Women from the Domestic Violence Act,2005 has been enacted for the purpose of all women living in domestic relationship in a family, it is not just for wife but also included the mother, sisters, daughters in domestic relationship.
If a wife can complain against the husband and his other family members including his mother, sisters than why can't a mother or sister complain against the wife of the son/brother for act of domestic violence.
Exactly this what High Court of Delhi in one of its judgment decided and allowed the complaint of the mother in law against the daughter in law under the said Act of 2005.
Indian law may be favouring women in general no doubts about it, but your mother, sisters are also included in that list of women in India.
If wife can create trouble for husband than why can't mother create trouble for daughter in law, after all it was the pain that this lady suffered giving birth to the son not the wife.
Give a thought to this, not all lawyers think the way this Indian lawyer answering this question.


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Regards,

 

Santu



Learning

 3 Replies

ANEESH TRIVEDI (ADVOCATE) (Advocate)     19 June 2013

whatever you told about man is true to some extent but it depends upon how you thing or take things.

if every one is thinking like that than every man evern RAM, Krishna, gandhi and our judges are also getting one of worst tags you mention.

now come to the legal point if you feel your wife is torturing you then file compalin to councelling cell or situation is not bad then arrange meeting with elders so that they will guide her suggest her to live properly if no way left then just go for MCD.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     19 June 2013

contact  a lawyer personally

Rahul Kapoor (Legal Enthusiast)     19 June 2013

if complain is not bonfide then fight it on merits.

please do not file any frivolous complaint or case against anyone.


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