Manjesh Pandey
Asked February 06, 2017

Domestic violence case

  • 3 Answers
  • 691 Views

Dear All Respected Sir/Madam, Sub-Domestic violence with My Sister I am writing this for My Sister problem. For your all kind information My sister got marries in last year -2016 April with Mumbai laccolite Boy. He is working in a private bank as a Branch manager and his mother is divorce . At the time of marries they said that her husband was die but after four month the marries we heard her husband is alive. Now the main reason is After the marries one month my sister husband not interested to my sister and they are treat my sister as a servant and they also not interested in sexual life also. After my sister objection he said directly if you want to say otherwise you can go to your parents home. And they are also restriction for food and watching TV and many thing. Then my sister called us and she explain the all thing. So after that we all go to Mumbai my sister home discus with Her husband and his mother. As per discussion they told us that we will take care in future. But after the meeting they more create problem with my sister. And one day they said that you can go your parents home right now. At the same time my sister called us and we took my sister to our home pune. Now her husband sent us a legal notice to my sister name. In this notice he said that my sister leave the home without informing them. And many thing whatever happened on the last date. As per my sister observation My sister husband affaire with his mom. Not sure but last 6 month my sister what observe according to that she said explain the relation of both Mother with son. Same like husband and Wife relationship. So requesting to you all kindly suggest me for next step.

Answers 3

Sir in this  case it give a reply to their notice through  a lawyer and file a case for maintenance  in pune under section 125  of crpc and also file a case for domestic  violence  in pune court,  further  regarding  the relationship  of mother and son it is better  not to mention  as these facts are difficult  to prove,  further if a divorce  petition  can also be filed in pune on ground  of cruelty  and can also  ask  for permanent alimony in lumpsum.  Good day

Agree Comment 0 Agrees over 3 years ago

Dear Sir, Thank You so much for your valuable sugesation. We will do the same and afterward we inform you for further help if required.

 

Regards,

Manjesh Pandey

Agree Comment 0 Agrees over 3 years ago

Your problem is largely unsubstantiated, that is to say, you have not given any evidential backup with regard to a couple of allegations your sister has made against her in-laws. We shall try to deal with your problems step by step as under: Your sister claims that her husband and mother are having an affair for six months now. This is a huge allegation to make and you cannot press it further unless you have a convincing evidence to back it up. Since the episodes of mother-son incest are not yet openly discussed in India and the Indian Penal Code (IPC) does not specify it as a crime, you will not be able to implicate them legally even if you had evidences to prove their incest relationship. However, Section 497 of the IPC makes adultery a punishable offence. Although the language of the provision might appear confusing to you, the fundamental objective of the provision is to punish any man or woman who has a sexual relationship outside their marriage affecting the sanctity of their own. Thus, in the presence of evidence and witnesses, your brother-in-law and mother can be implicated under Section 497.

You stated that your sister’s husband sent her a legal notice blaming her for leaving his home without informing him. You should not worry about this legal notice if you have a substantial proof against him and his family for causing domestic violence to your sister. If your sister has legitimate proof to justify her reasons of leaving her in-laws’ house, she will not face any legal consequences for this. In case she fails to justify her reasons, the worst that will happen is she will not be entitled to an alimony in case she seeks a divorce.

The fact that your sister was ill-treated by her husband and in-laws in any manner amounts to domestic violence under the Domestic Violence Act, 2005. Moreover, if the marriage is not consummated, it will amount to cruelty under the Hindu Marriage Act, 1955 and will be a legitimate ground for divorce of your sister. Nevertheless, even if the marriage is consummated, keeping a wife sexually deprived is another kind of mental cruelty inflicted upon her by her husband. All the circumstances, together and individually, form legitimate grounds for your sister to not only live away from her husband and in-laws but also seek a divorce.

Going for a divorce is not the most ideal solution to a bad marriage. However, the matriarchal set-up of our society is such that the safety of a woman is always at stake if she returns to her husband and in-laws post such circumstances as your sister’s. The aforementioned points, in no way, suggest that you must resort to a divorce. They only inform you of the grounds of protection of your sister from her in-laws’ legal claims and notices and grounds of separation as well, if it comes to that.

Agree Comment 0 Agrees over 3 years ago

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