Seek Legal advice on family issue
1 month ago
My sister married a vulture 5 years back and he tortured her mentally by degrading her in front of people(in shopping malls, too) and attempted murder by leaking gas in the house and said you still alive don't make it an issue.. she frightened and left that house and has been living under my mother 's house along with her 2 sons...
Now, he has started degrading her value by sledding her in front of the house and asking the neighbor Kirana shop owner to take pictures and videos secretly without our notice(a boy who works in that shop revealed this). Now, he passes by my mother's house on random days and signals to us that I don't care.
She works hard until the early hours as a Photoshop album maker and sends her elder son to government school.
His mentality is to showcase his ornaments to the people and distribute money to show himself as a good person and create sympathy in the public.
his thought process is make her to ask for divorce first and showcase to the public that her character is bad..{he did it already- closed resources informed us but was not ready to take a stand for us)..he maintained an illegal affair where that person still living with him..if said to the public that I have my physical needs who will fulfill it. (did I ask my wife to go from home-she left herself should I call her--if she needs a husband -or family then she will come..)
My sister failed a case against him during her 2nd child's 9th month pregnancy..but not impose any domestic violence case because of mercy concern(the lady constable spit on his face when she understood his behavior on the spot-but no one noticed that)he informed to that lady constable - I will get my property(children) after 5 yrs...i know how to grab them...
during and after 2nd child's born she was in my mother's home...he never came to watch them. non of his family members are called and concern till date..he is manipulating the public by showing his ornaments and sympathized behavior and preparing them to have a bad opinion of us...
funny thing is that the tea stall which is opposite my home is not ready to give us tea, also and he became an informer to him...
Example of his character elevation: when ration card entry people visit his house he revealed his age was 35 and my sister age was 36.when they asked the relationship of my sister and his...he yelled on my sister to reveal the relationship who stands beside the ratio card entry people... (Guntur, Andhra Pradesh)
A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If your sister feels she can manage herself outside without the support of others for all her needs, nothing prevents or restricts her from walking out of her toxic matrimonial home to look for the destiny of her choice. So, she needs to arrange for an independent source of income to live her life on her terms. In the prevailing situation, your sister has the following legal remedies to resolve the crisis. 1) she can file a complaint against her husband and his other family members who subjected her to domestic violence mentally and physically at the local police station under Sec.12 of the PWDV Act, 2005 read with Section 498A of IPC for cruelty. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. 2) you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, your sister can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce and seeking maintenance or alimony from the husband under Sec,125 Cr. PC. But, Section 14 of the Hindu Marriage Act states that no married couple is allowed to file a petition for divorce within one year of their marriage. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. 3) Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief.
Your sister has to file multiple cases against him and his family members to teach them a lession. If police fail to register case then file a private complainant with the help of advocate.
Can a High court pass the order
child custody and divorce
Can we get maintenance from my fathers side of family
498a - I do not want divorce
Sc cast ki patni pati ko fasa sakti hai kya
