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My sister is beaten by her husband then forced to leave home
14-Sep-2023 (In Divorce Law)
My sister is beaten by her husband and forced her to leave the Sasural (in law) house and she comes to my home also, she is pregnant now, then he sent us a legal notice of divorcee petition in court by delivery post (it is right to accept this post or not ? ), What can we do now? can we file a police complaint against?
U can.file police complaint and also file petition under D.V.Act for protection and home for residence and maintenance under 125 Cr.P.C . It is also advisable to contest the divorce case otherwise ex-party proceeding would be initiated against your sister.
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Adv. Jitender Kundu
Zirakpur | 25+ Answers
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Yes accept this court notice and go ahed also u can filed a legal complaint in police station also in court and present his husband case his filed and appoint one lawyer and she has a field many types of case if u requirements than mail ya contact me
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Adv. Tejas Chauhan
Ahmedabad | 25+ Answers
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Not to accept legal notice from lawyer or court has never proved good for us. so except what ever they have sent to you. you are not bound to answer each and every notice unless it is advised by your advocate.
so far as police complaint is concern we may file it at any stage but filling of criminal complaint may spoil relations and in future also some times settlement is not possible. we may restrain our selves from filing police complaint. At appropriate stage we may consider to file police complaint.
if your sister is not ready and willing to give divorce, please file an application for restitution of conjugal rights.
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Adv. Subhash Barot
Ahmedabad | 25+ Answers
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First of all if you want to file a police complaint you can report the domestic violence inflicted by her husband on her. Matter will be taken up from there and the rights of your sister will be secured with regards to the domestic violence.
Secondly for divorce issue, what is important is what your sister wants. Does she want divorce? On what basis is the husband claiming divorce? If she incase wants to stay with her husband, which i assume is not the case then you can reply to the divorce case in negative, i.e. your sister doesn't want the divorce and then the next thing you can do is to file for restitution of conjugal rights.
More information would be required in order for me to provide you a satisfactory answer.
Regards
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Adv. Krutarth Trivedi
Ahmedabad | 100+ Answers
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Hi ,
You should have filled the police complaint immediately,
If you have not filled, you can still file,
You need counseling as situations and future course of action could be discussed over the table .
Don’t take any decisions in a hurry .
Thanks
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Adv. Ramit Sehrawat
Delhi | 400+ Answers
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