In laws Mental abuse in less than 3 months of Marriage
2 years ago
My sister got married in March 2021, however withing 2,1/2 months of marriage things have gone south. The marriage took place in Temple with full procedure and pic were clicked, however registration is not yet done.
She was not being treated properly at their in laws house. They use to abuse her parents in front of her. Made her work like a maid when all had covid and kept on complaining abt it, told that they are spending money on her medications for the covid and she should return something and the husband kept quite.
She does not want to go back anymore, she has received some jewelry from her parents that too is left with the in-laws. Can she stay separate and not go back, will there be any consequences that the boys side can take? And how can she apply for a divorce.
Nishant Singh
Responded 2 years ago
Its seems that she is victim of domestic violence and cruelty done by her husband and in-laws and there conduct, which is likely to cause grave injury to your's sister life, limb and health. Your sister should file a written complaint to the police to registered an FIR under section 498A and 406 of IPC against your husband and in-laws, at the same time she can file a complaint under the provision of PWDV Act, 2005. Further, your sister can also claim maintenance under the provision of section 125 of CrPC.
Domestic Violence and Cruelty is a ground of divorce and your sister can file it before the family court by filing Divorce petition under section 13 (i) a of HMA. She can also try for mutual consent divorce u/s 13 B of HMA by way of settle the matter amicably.
It may be possible that the husband will file Section 9 of Hindu Marriage Act for the restitution of conjugal rights or they can file Divorce petition under section 13 (i) a of HMA.
Thanks with regards
Nishant Singh
Ankur Goel @ Complete Law Shield
Responded 2 years ago
If cant protect her life then he is good for nothing.
File 498A with Dowry Act.
File DV case claiming maintenance, right of separate residence, and compensation.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Stridhan is the property that is given to a woman at the time of her marriage and there are various laws to protect. Also, The provisions of law dealing with the harassment of a woman by her in-laws are Sections 498- A, 509, 304-B, 306, of the Indian Penal(IPC), the Domestic Violence Act, 2005 and Dowry Prohibition Act, 1961.
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You can consult a lawyer and seek remedy under The Protection of Women from Domestic Violence Act 2005.
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Gopal Bandhu Acharya
Responded 2 years ago
It is not advisable to break the marriage at this initial stage and divorce petitions cannot be filed within one year of marriage unless there is ground of adultery or medical.
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