Dear All, Please advise me about my sister marriage life she is suffering from last nine months. We did her marriage in July 2017 after marriage her husband and in laws start making issues and husband also very arrogant and careless but she still trying her best and resolve the issues ass much a human can do. Husband also not loving since from first night no physical relation between and her in laws start blaming her she has some medical problem that's why she couldn't get pregnant she start defending her self your son only not make that relation how it will happen for pregnancy. Her husband also abuse him many times she gets physical injured also but she was still trying to make relationship better. I visited my sister house January 2018 and ask permission to take her to our house to spend few days with our parents, Since January nobody came to take her back and her husband not responding her calls and we ask them why you are not coming to take her they saying we are not interested to call her back. let her stay her parents house.......... Their family member was saying if you give us in marriage Car / AC / Generator as Dowry so this will not happen and not come this situation..... This is very tough situation and we tried our relatives and their friends to make them understand why they are doing this??? but no changes at all we can't seem any hope from her in laws family side. Please advise me what to do....... Note : THIS RISHTA WE HOLDED 5 YEARS FOR THEM BEFORE MARRIAGE WE PROVIDED 5 YEARS SERVICE WITHOUT ANY FAIL .....After 5 years they was ready to marriage.... . and before marriage they don't demand anything so according our capability we did whatever we can provide them. email : krehman36@gmail.com
Hi, If your sister continue to live with her husband it is better talk to them and tried to settle the matter amicably.
2. If you go for legally then you can file a Police complaint under section 498/A IPC for demand of dowry and also your sister can file a petition under DV act for shared accommodation and also maintenance.
File police complaint against husband, in laws for dowry harassment under section 498A IPC read with section 2, 3 of dowry harassment act
2) also file for anullment of marriage on grounds of impotency
3) in the alternative file for divorce on expiry of one year of marriage
See first of all if they are ready to mend there ways and keep your sister as family member then send her back otherwise resort to law file a police complaint under 498 A, domestic violence act and dowry prohibition act.
Get the complaint drafted by the lawyer so that in course of litigation due to loopholes in compliant they are not able to escape the lawyer shall draft a complaint in running language as a normal person will do but would keep in mind all ingredient of all offences, and will accordingly guide you in complaint also along with that file for maintenance under crpc 125 in magistrate Court.
also if she needs file for divorce on expiry of one year first let these case take toll on them then file for divorce and under domestic violence she can seek right of residence and further maintenance.
Dear,
In your law Muslim women has minimum rights to take divorced as compare to Muslim boy.
Ask your sister to file the case of divorced against that boy under- Dissolution of Muslim Marriage Act,1939.
Grounds for decree for dissolution of marriage under this act as - \
u/s.(iv) that the husband has failed to perform, without reasonable cause, his marital obligations for
a period of three years;
u/s.(v) that the husband was impotent at the time of the marriage and continues to be so;
u/s.(viii) that the husband treats her with cruelty, that is to say-
(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such
conduct does not amount to physical ill-treatment.
Firstly, when people like them demand for dowry in that way then I think there is no question for staying with them anymore.
Secondly, file a domestic violance case plus dowry harassment.
Thirdly, try to take some audio or video or messages saying the same.
You can contact me for further assitance.
If she has decided to forego this marriage she may decide to lodge criminal complaint against them for the dowry harassment offences and also DV case.
She can also file maintenance case and RCR case for rejoining
The result will be that after such actions her future married life may become blank.
You can consult a local lawyer and proceed further.
1) You can make complaints against them 498a and under DV act for asking dowry and abusing her plus harassment.
You need to file a case in police station under dowry provisions act against those who are asking for the dowry.
You also complaint for domestic violence harassment and Section 498 a IPC against the family members
You need to file the written complaint before the women cell of your district and police station about the dowry demand and domestic violence.
This demand of dowry constitutes an offence under the dowry prohibition act. You can file an FIR against the husband and his relatives for the offence committed under section 3/4 of the dowry prohibition act. Your sister was being subjected to cruelty for demand of dowry therefore they have committed offence which is punishable under Section 498 a of the Indian Penal Code.
But I advise you not to initiate any criminal proceeding at this stage. You should try to settle this issue amicably. You should call a meeting with elder members of the both families and trying to sort out this issue. Initiation of criminal proceedings should be the last resort if settlement between the parties becomes impossible.
Dear Querist
Immediately file a criminal complaint against them before police and court too for domestic violence and dowry demand, being a Muslim it is your right to fight for justice, julm sahna bhi gunah hai,
File domestic violence case against them before criminal court and claim protection, residence order, maintenance order, compensation under section 18,19,20,&22 of the protection of women from Domestic violence act 2005.
File a complaint against them before police for the offence of dowry demand and cruelty for this acts they will be prosecuted for the offence of 498A/406/323 of IPC.
As per your information, it seems that your brother in law is a impotent person and he is unable to have sex.
Feel free to Call
You can file FIR against them under dowry prohibition Act and section 498A IPC. You can also file domestic voilence case against them. You can initiate 125crpc application for maintenance. You can also file divorce and maintenance application in family court.
Hi first of all try to contact with entire family of the in-laws and try to make some better disseisin in the form of compromise if this is not possible then following things can be done by you .
1.lodge first information report against the in-laws including the husband for mental torture cruelty under section 498 A.
2. File a complaint under domestic violence act .
3. Move an application under section 125 code of criminal procedure for maintenance .
If the marriage is not possible to be survive then you must file divorce petition on the ground of cruelty try to get rid of this marriage as soon as possible
