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Husband torturing to initiate divorce procedure


22-Jul-2023 (In Family Law)
My sister's marriage happened 4 years before. From the day 1 her husband and in-laws demanded for dowry. So after 2months they sent her to my mom's home. She lived in parents home for nearly 2and half. In between period there were lot of discussion happened between both families. Somehow issue sorted down and she lived with husband for 2yrs. They don't have kids. Again problem started now, due to some financial need in her in-laws family. Her husband asked her to give divorce but he did not apply for it. Due to emotional and physical torture now she is living in mom's home. He wants her to initiate the divorce process. Kindly advise how to deal with this.
Answers (5)

Answer #1
564 votes
Hi madam sir.
If you need divorce mean you can contact advocate and file divorce madam and also file domestic violence case and dowry case
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Answer #2
572 votes
Hello,

When your sister is not willing to give divorce then she need not give consent. If your sister is not with her husband she may initiate maintenance case against her husband. For more details call me
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Answer #3
816 votes
Hi,
What’s your sister plan? That based we can decide the process. Find the mens rea of both the persons.
If possible arrange meeting with psychologist (for only counselling).1.Sister, 2 .Brother in law, 3.Sister +Brother in law .Then after she's is not interested mean you can file case against brother in law. Initiating the process is not a issue. If the both persons are interested means u can file MOU. Your sister decision based we can select the process....
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Answer #4
867 votes
If you want your sister to live with her husband then you need not do anything now. Let her husband file for divorce case. Then engage a good lawyer to file counter. If she don't want to live with her husband due to torture and cruelty, she can file a case under Domestic violence Act and ask for necessary reliefs from the court
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Answer #5
578 votes
You could get your lawyer to file a case against him for dowry harrassment or under the Domestic Violence Act - this would give them a jail sentence. They are not meant to be harrassing women for dowry - it is not legal in this country and these people sound horrible. She is better off without them.
I would suggest the following: 1. Get a settlement amount paid now from them to your sister - up front. No promises.
and then
2. File a mutual consent petition so that in 6 months she can be free and start her life again.
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