- This topic has 11 replies, 9 voices, and was last updated 1 year, 3 months ago by
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UHi my cousin Sister, last year was abused multiple times. Luckily my dad when he spoke about it to my brother in law he got a call recording where he has admitted of the abuse. And I have a photo of the black eye. Also once I got to know I got her checked with a doctor where he had suggested for blood clot test. But she didn’t reveal it as a abuse in front of the doctor.
So now what are her options. Now he is telling he want a mutual divorce.
And my sister just earns 25k a month.
P.s they have a 2 yr old kid too.Also recommend good divorce lawyer in Bangalore.
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SAdvocate here, Don’t for Mutual Consent rather file under Cruelty & File an FIR u/s 498A against those who were actually involved.
Ask your Advocate to file an application to grant interim maintenance and Child support.
He’ll most probably Contest Child custody( courts are most inclined to grant child custody to mothers but exceptions do exist).
The Court will definitely send the matter for mediation at the first instance tho.
All the best mate. -
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VLawyer here. Do not agree to a mutual consent divorce.
Consult a local lawyer and tell them your priorities, I.e. punishment, alimony et al, and thereafter seek his advice on strategy depending on the priorities.
My advice will be before going to the lawyer, you, your sister and your family need to ensure you are clear as to what you seek from the proposed legal action(s). This clarity will both help the lawyer in giving the best advice and will also act as a guard rail against any bullish advice from the lawyer.
Hope this helps.
Best wishes.-
UBut what are the chances of us winning and we really aren’t well off to afford a very good lawyer in Bangalore.
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VFirst, the question to be determined is what does winning look like? It can mean getting a good settlement viz. Alimony et al, or it can mean sending the guy to jail, et cetera.
Second, the chances of winning will depend on (i) what constitutes a win; (ii) the evidence that you can produce in support of your case, and (iii) the approach of the relevant local court; (iv) the quality and approach of legal counsel of both sides.
However, even without having reviewed/knowing any of the above, I must state that legal action in India is generally expensive and time consuming.
I suggest that you may approach NGO’s/non-profits who assist in such cases and they may be able to get you proper legal assistance without it becoming an economic burden.
Hope this helps.
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