Legal Question in Family Law in India

Dear Sir,

I belong to Samastipur, Bihar. My Sister got married to a Guy from Muzafarpur, Bihar having 3 sisters and parents in family. It was an arranged marriage and guy himself was agreed for marriage. They have small business in Ludhiana where they resides. After marriage his family started torturing my sister on silly things and her father in laws said couple of times that we will not be having this relationship for long time and will leave you. Her husband too once or twice had mentioned to her about divorce. We have ignored thinking that these things happen in every family and above that in-laws are illiterate.

Inspite of humiliation, torture on several occasions, my sister never shared such things to us, while her Husband has been always trying to be innocent infront of her saying that you should not reply to them as they are my parents & sisters and I have a full respect for them so you should also maintain it inspite of everything.. Hence she never raised voice and has been the victim of extreme cruelty and heartlessness. They have continuously abusing her and us.

She is having 4 year old daughter.

On several occasions they have threatened her to beat.

September 1st week, her mother in law came Ludhiana from Bihar and they all have beaten her without any reason infront of her husband and as usual her husband did not utter a word or protected her from them. My sister was holding her husband hand and was praying him to protect.

She was carrying a baby (somewhere One and half months), after one or two days she had pain and bleeding. After request he taken her to Doctor, where Doctors said it�s been miscarried and child got aborted.

When I came to know I asked her husband to bring her Ambala (because after knowing this also in his family nobody asked anything) where my another sister stays, he brought her to Ambala and Doctors taken care of her.

Her husband was crying and accepted his mistakes saying that I had forgot what I was supposed to do for my wife and child and now I got the lessons.

Till today from his family nobody has asked my sister that how she is. We spoken to her husband that from now onwards what he wants, he himself that there is no use of Case against my family, it will be better if you humiliate my father and family on social level. We have decided to take this up on social level. As his parents and sisters came back to Bihar when my sister�s husband shouted on them because of this unfortunate incident. My father decided to ask his family that what they want actually. He dint turned up in social level Panchayat and abused everyone. Since then my sisters husbands also started saying that I can have another child but cant have another parents if I lost them, and after that Panchayat, my sisters marriage can also be affected in future as they are not married yet.

Now yesterday he called me and said he is ready for divorce, and he and his family making calls and abusing everyone.

Sir, I request you to advise us now as they have decided their course of action. What should we do from here as we have not done anything yet. We see some options as file cases against them in Court as they have killed a life inside a mother�s womb, and have been torturing her since years, family act case,case against dowry act as well.

Your valuable advice is eagerly awaited.

Thank you!


Asked on 9/29/14, 6:41 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Dear

I think, they have committed a heinous crime and for that they must be punished. One way is to settle the matter by going for a mutual consent divorce. Its up to your sister whether she wants them to go without punishment. You have lots of options like 498A, D.V.Act etc to teach them a lesson. Your sister has to decide. You can contact me for any help.

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Answered on 9/29/14, 7:09 am


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