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Mental Abuse less than 3 months of Marriage
30-May-2023 (In Family Law)
My sister got married in March 2021, however withing 2,1/2 months of marriage things have gone south. The marriage took place in Temple with full procedure and pic were clicked, however registration is not yet done.
She was not being treated properly at their in laws house. They use to abuse her parents in front of her. Made her work like a maid when all had covid and kept on complaining abt it, told that they are spending money on her medications for the covid and she should return something and the husband kept quite.
She does not want to go back anymore, she has received some jewelry from her parents that too is left with the in-laws. Can she stay separate and not go back, will there be any consequences that the boys side can take? And how can she apply for a divorce.
Yes she is absolutely entitled to stay away if she doesn’t want to stay at the matrimonial home.
On the aspect of the husband seeking legal remedy, then I must tell you that he might try to seek return of your sister but that I subject to courts approval. That can be taken care of.
Application for divorce mutually cannot be filed within one year but we may try to seek divorce when the situation is such that there is irretrievable breakdown of marriage.
Proper discussion and legal strategy can be discussed only after exact factual position is clear.
Thank You.
Helpful?
Adv. Aditya Singh
Delhi | 50+ Answers
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She can stay at her maternal place, and maximum the groom side can approach the Court and file a Petition for Restitution of Conjugal rights for calling her back to the in-laws home. But the Court will not pass any order, forcing her to go there. She can appear before the Court and state her reasons of not going there.
She can not apply for Divorce right away, there should at least be a separation of a years time. She can file a divorce after that gap of 1 year on the grounds of cruelty and harassment.
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Adv. Sishmita Kumari
Delhi | 100+ Answers
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Divorce can't be filed within one year of marriage, though application may be moved under protection of woman from domestic violence Act and maintenance may also be claimed. you may get back the stridhan like jewelry etc.
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Adv. Manmohan Kumar Jha
Delhi | 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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