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Legal Steps To Be Taken - To Protect Marriage
21-Jul-2023 (In Family Law)
Hi ,i need your advice in my sisters marriage. My sisters marriage took place in the year 2015 to my bro in law with a mutual understanding that he would settle in bangalore..which was confirmed and accepted my his parents ,after that the marriage step was initiated, my bro in law was in saudi that point of time , came to india for marraige ...for a short period took my sister along to saudi as a honeymoon period . Things turned bitter he accused my sister of dowry ,ill treated her and kept mentioning that she is slave to him . She conceived soon and returned back to India with his torture ....she gave birth to a baby girl in the 2016 , he dint bother about her well being ,provided no financial support ..they came to see the baby and left with fight ....we took a step by visiting their place in Nellore to negotiate and build the broken relation .but he is adamant and says he never promised that he would settle in bangalore and insists for separation .how to deal with this sitaution
Dear Sir,
Get issue a legal notice under Section 9 of Hindu Marriage Act and ask him to start marital life in Bengaluru City as promised at the time of marriage. Subsequently, you may file petition for a Restitution of Conjugal Rights and on its decree if he did not oblige his assets will be attached so that forcible circumstances are brought on him to settle in Bengaluru. More discussions in person.
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Adv. Kishan Dutt Kalaskar
Bangalore / Bengaluru | 1000+ Answers
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Hi, your best option would be to file a case in the Family Court for a relief of Restitution of Conjugal Rights. this basically means that you request the court to pass an order saying that the husband should stay with the wife. In the meantime during the case you can file an application for maintenance of your sister and the baby, the court will allow that too and allocate a certain amount of maintenance which will be paid by your bro in law. This is the best solution for your sister at this moment. Beyond this the family elders can come together and get the issue resolved.
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Adv. Yashas K.
Bangalore / Bengaluru | 25+ Answers
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