Legal Question in Family Law in India
My younger sister got married in December 2008. It was an arranged marriage. Three months after the marriage we realized the boy and his family are not what they pretended to be prior to the marriage. My sister is working and they had all sorts of problems with her going out alone. The boy and his family wanted that she should not go out alone at all. She should not call or come to my parents who live alone. The pressure grew so much over time that she ended up taking sleeping pills in June (6 months after the wedding). The boys parents are basically very orthodox and treat her as an outsider. In June, 2009 we requested the boy to separate from the family for some time and try to work things out. He said no but will take transfer out of Delhi and go, but while in Delhi he will not live away from his parents. We agreed and sent her with them. Now after 9 months of that incident, she is still under a lot of pressure in the sense that no body likes her. They do not talk to her and the boy is just not supportive emotionally. The bugger actually said that if he gets another job in Delhi with a higher pay he will take it up. The only chance of their marriage surviving is if these two live separately for some time and try to work things out.
Now my sister could not take it anymore and she came home to my parents. What are our options at this time? We are a pretty well educated and modern family and have no problem with divorce provided that makes my sister happy.
in a nutshell, the boy is a spineless bugger, does not want to move away from his parents and while with the parents is just not supportive. Please guide.
Thanks in advance.
2 Answers from Attorneys
your sister can file for divorce on teh grounds of cruelty
You may consider filing a criminal complaint against the boy and his parents for causing "Cruelty" under Section 498-A IPC. You may also move an application for adequate compensation under the D.V.A.