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Clarification on the grounds of divorce
05-Dec-2023 (In Family Law)
Respected sir /ma'am, I writing to you in great need of time seeing probable help of your kind hand and advise. Sir &ma'am my sister is mentally harrashesd in her in-laws house,they blame ing her of being characterleless. He exploit her sexually he makes relation with my sister two to three times. She had swelling in her uterus even doctor refused to do he did it and says That why it happen with her sir. Harrashes to some extent that she can suicide or get mad. Even they don't provide her proper medication when she is I'll and force her to do work. Recentally my sister had kidney stone operated and Living and my home. But even though they call her and mentally Harrashes her by saying " she don't talk to him or phone him by herself she love another person she don't love him " And we speaks he says wo hamari aurat hum cahe jo kuch Kare tum beech mein kisi ko bolne ki jaroorat Nani hain " Finally my sister is refusing to go to her in laws house and want divorse Please reply
When was the marriage solemnized is my very first question to you and now that she is with you so just go and file an FIR for domestic violence and cruelty at a police station from where you can operate easily.
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Your matter actually related to cruelty and the same is a ground for divorce but first you have to file complaint in the court or lodge FIR in your local police station under section 498A,and other sections of IPC as well as a petition U/S125crpc for maintaining her,then better to file Divorce petition.
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Adv. Rakesh Ranjan Tripathi
Varanasi | 25+ Answers
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My first preference is to protect marriage rather than to break it. But if situation gone worse I suggest the parties to take divorce.
As your sister wants to get divorce, she can get divorce on ground of cruelty under section 2(7) of Dissolution of muslim marriage Act 1939.
She can impose section 498A of I.p.c as cruelty done by husband.
She can claim maintenance under section 125Cr.p.c. and other remedies as well.
If you want any further assistance , most welcome.
As your sister wants to get divorce, she can get divorce on ground of cruelty under section 2(7) of Dissolution of muslim marriage Act 1939.
She can impose section 498A of I.p.c as cruelty done by husband.
She can claim maintenance under section 125Cr.p.c. and other remedies as well.
If you want any further assistance , most welcome.
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Adv. Mudassir Asad
Lucknow | 25+ Answers
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1. Yes, your sister can take divorce from her husband under sec 13 (1)(ia) of Hindu Marriage Act if both parties are hindus or u/s 27(1)(d) of Special Marriage Act if both belong to different religions or if one party is Hindu. These sections allow the petitioner to seek divorce if he/she have been subjected to cruelty.
2. You may also institute proceedings against him under the DV Act and ask for maintenance if she has been physically and mentally harrassed.
3. It is also advised that since your sister husband harasses her you file a complaint against him at the nearest police station and women cell which will help in DV case in future.
For help with filing or further query contact personally.
Take care n regards.
2. You may also institute proceedings against him under the DV Act and ask for maintenance if she has been physically and mentally harrassed.
3. It is also advised that since your sister husband harasses her you file a complaint against him at the nearest police station and women cell which will help in DV case in future.
For help with filing or further query contact personally.
Take care n regards.
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Adv. Ashima Pury
Noida | 100+ Answers
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The act of your brother-in-law (Jeeja) is cruelty. Cruelty can either be mental or physical. There is provision under Hindu Marriage Act 1955, which provides for divorce on the ground of cruelty. So my suggestion is that your sister should file a divorce case against her husband in family court.
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Adv. Praveen Kumar Yadav
Lucknow | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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