Mentality and physically abused
5 years ago
Respected Mam/Sir,
Over here I want to discuss some issue that mentality effecting me and my parent's as well. I am student of law and even I can't concentrated in my studies. My parents are broken and they are sufferening form mental issues . So over here I am discussing my problem that my elder sister has been married on 30 November 2017 and the marriage was love marriage, in the time of marriage they demanded dowry and my parents refuse to full fill there demands . And my parents decided not to move forward in that movement my sister's husband's family member started to convince her to involve in the marriage and assured her that they will not ask for any demands and they will accpect her as there own daughter not as daughter in law . Any how the marriage was done after 2 months my sister's husband started to torture her mentally and he chats with different girls infront of her in nasty manner. And he always down my sister in front of others and this make her embrace and mentally hit in her mind even he torture her physically and it goes on. After 6 months my sister apply for a job and after a month she get the job and her in law's allow her for the job, after some days her husband force her to take her salary and she refused to full fill his demand from that day on wards he started to ignore her even he sleep at night in different room and started to make distance from her and tortured her mentally even her in law's without taking her consent bring out all call reacoding illegally and has been listen all privates calls and now my sister's husband want divorce .
Mam/Sir what we can do now we are totally broken from inside . I am waiting for your response.
Thanking you for your anticipation.
Rajender Prasad
Responded 5 years ago
Deepak Yashwantrao Bade
Responded 5 years ago
Please file DV case with the following prayers.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
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Vishwabandhu
Responded 5 years ago
If your sister is already in job and her husband wants a Divorce it would be wise to go for a divorce by mutual consent under 13 B of Hindu Marriage Act,1955 .She can get the Divorce within 6 months, if everything goes well. What is the point in living in abusive relationship when she is young and educated.
Now a days Divorcees are getting married.She needs to have that level of confidence and self respect and to teach her husband a lesson.
Shanti Ranjan Behera,Advocate
After going through the narration of your ordeal it is apparent that you, your sister and your family are going through and unwarranted ordeal which is making the lives painful. Since the marriage was done recently so it would be a bit of a situation for you to take any legal action against all these.
My sincere advice to you would be that ask your sister to evaluate the situation in all respect and let her decide whether she wants to continue this marriage or not. Once you or she has decided no to go ahead with this marriage then you can think of taking legal actions because being in the non-functional marriage ans taking legal cation against the spouse and in laws will worsen the condition more.
Regards