- This topic has 16 replies, 14 voices, and was last updated 1 year, 4 months ago by
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UHi everyone,
I need some advice regarding my sister’s situation. She has been facing mental cruelty from her husband for years. Some of the incidents include:
Insulting her in public places (even in the hospital, where my father ended up crying in hospital).
Forcing her to sign a bond stating that she is “willfully” leaving the house.(she did not sign)
Constantly telling her to “go to your home.”
Checking her phone
Complete negligence towards their two daughters—he doesn’t care for them financially or emotionally.
My sister has been living with us for the past year, and I’ve been taking care of all expenses, including school and medical costs for her children. I have no issue supporting them, but I don’t want her husband to get away with his actions easily.
We also gave a dowry of ₹8 lakhs, and the total marriage expenses were around ₹4 lakhs, but now he and his family refuse to return anything if we try settle(mutual divorce).
Now, my sister wants a divorce, but he is denying it and pretending as if nothing happened—sending cute messages and wishes on WhatsApp, trying to act normal,also i want tell that we are middle class and dont have too much money to spend on lawyers
As per our lawyer’s advice, we plan to file a 498A case (cruelty by husband & in-laws) before filing for divorce.
How should we start this process?
What evidence do we need to strengthen our case?
What should we expect in terms of legal proceedings?
Any tips from people who have been in a similar situation?
Would really appreciate any guidance from those who have dealt with such cases.
Thanks in advance!
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V>As per our lawyer’s advice, we plan to file a 498A case
You have a lawyer on the case, what made you think putting it here on reddit would fetch you better advice? Hoping he is a decent lawyer and considering whatever you said is true you would win this case. Meanwhile ask all the questions and doubts to the Lawyer on the case.
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U>We also gave a dowry of ₹8 lakhs,
So you paid dowry willingly? How do you think it’ll hold in court?
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IUnfortunately it holds up really good. I had heard of a case where the wife claimed the husband’s family took dowry. So the husband’s side countered that if she is claiming dowry the court should procced with a case against her too. Because as per the dowry law, both taking and giving dowry is a crime. But they did not. The courts kept their focus singular at finding all the punishments they can stick up the husband’s arse.
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U“Package of 5”, just say this phrase to your lawyer. Rest assured he’ll file the cases. It’ll difficult for your in-laws to fight them all, eventually opening doors for faster settlements with mutual divorce. Don’t go on the route like Nikita (Atul Subash) case. That’s detrimental. Mutual divorce is beneficial for both of you. Lawyer might ask for some cut on the settlement though.
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UNAL
Seek a second opinion as well.
Divorce can be acquired on the grounds of mental harassment.
Don’t worry about the bond, as courts wouldn’t recognise it. I would’ve suggested your sister to sign it, if it was presented in the court, then she could have told that she was confined in a room for weeks and was not allowed to step out unless she signs the bond. But the advocate from the groom’s side might not go ahead with it as it wouldn’t hold any value and cause damage to themselves.
Do not indicate the amount given to the groom as dowry as it’s illegal. Call it “streedhan” which I suppose is given by the bride’s family to the bride. Do the accounting, money spent on marriage, bride and groom, celebrations etc. by both the parties. The other party might revert back with the expenses like family functions if there were any when your sister got pregnant with her children, her hospital costs etc who paid all those..so be prepared with good legal reasoning.
Make sure that your lawyer is an experienced one, by experience I mean at least 10+ years of practice.
Seek advice from the advocate about child support and alimony if your sister’s not working anywhere if your sister wishes to raise them herself. Probably the kids will be asked who they wish to stay with.
Do your research whether the child custody, separation and divorce, child support+alimony+damages can be filed as one case so that you don’t have to make rounds of the family court.
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Udo you suggest any other approach ,we also want divorce easy way but husband is not ready in that case what we can do? simply stay quite forever?
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SA lawyer here…
Dowry is a punishable offence now in India. So just include that in your FIR along with the cruelty aspect and hopefully FIR will be registered. Just a heads up to save your chats and any email communication and also your expenses and if other things that you did for husband.
But brace yourself for a long battle. If the lawyer is really good then you won’t face much trouble. Just enquire about your lawyer in the city and get to know about his/her reputation. And be ready to amicably settle the issue.
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SBy exaggerating cruelty you might get FIR registered. But it might backfire in court as you need evidence supporting them. Your lawyer might be hoping that he can scare husband’s family by this FIR. If that happens good for you if not and case falls in court, it will be big win for husband. Why not file just dv and maintenance ?
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