Legal Question in Family Law in India

Where was the marriage solemnised between your sister and her husband ? Has your sister made any police complaint in USA against her husband ?How old are the kids ? Please explain.

SURE CAN DO FILE FIR IF MARRIAGE IS TAKEN PLACE IN INDIA BUT CAN ALSO FILE FIR AT USA AS SPEEDY JUSTICE IS DONE THERE U CAN FAX A COMPLAINT COPY WITH U R SOCIAL SECURITY ID AND COMPLETE DETAILS

This response is to the current as well as your follow up question. If marriage can be saved and more imporant if the two children could be saved from the trauma of seperation, efforts should be made in that directions. Moreover, if both are US Citizen, any action (if you decide to take) will be far more quicker and economically viable than filing any complaint in India. At this stage, in my opinion, she should arrive back in US; she may make a complaint of domestic violence with in the state where she is living. No need to make any divorce petition at this stage. She may make a complaint to the family counselling centre who may try to prevail upon the husband on his drinking habit. If you have tolerated for the last seven years, try this and may god give him wisdom and the marriage and thus family could be saved from the evil of seperation.

I am not in favor of divorce. And do agree with Vishwa

before taking up any action, do communicate with the husband and his relatives, once the conciliation talks fail, only then go for legal action in the form of domestic violence complaint and 498a.

agree with Adv Gupta, Adv Saini, Adv Arya.