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SAll these instances suggest unprovoked aggression by your sister’s husband. If your sister is also convinced it was unprovoked conduct, it is better to part ways amicably. The sooner, the better. There is a saying – if you have boarded a wrong train, it is better to get off at the earliest, otherwise it will take longer to return.
Try non-legal options first to separate amicably. If your sister is not demanding alimony or child support and is willing to part ways amicably, the guy should accept it in his sane mind.
SI am a lawyer. If the guy is so short-tempered that he has hit your sister more than once for no provocation on her side, I don’t think his conduct will change anytime soon or ever unless he takes steps to fix it. So the question before your sister is whether to continue facing his abuses or end the matter and give herself a chance to find a better partner in the future. If she decides to end the marriage, she can communicate her decision to her husband via email, mentioning the reasons and abuses faced by her objectively and briefly and offering to go for a mutually consented proceeding. She has a right to (one-time) alimony and maintenance until she is married again. The child also has a right to maintenance from the father. They can mutually agree on the settlement amount to part ways without legal trouble for any family. If this option does not work, your sister can file a DV case for protection and maintenance, followed by other proceedings as needed. However, legal remedy should be the last option.Caution: If there was a provocation by your sister (needs objective analysis, and a third person can help analyze it), then it is better to seek counseling and give the marriage a second chance.
Your sister can check the blog articles to know her rights and options at http://www.legalapp.in/blogs
SI am a lawyer. Marriage solemnized under the Hindu Marriage Act restricts divorce petitions within 1 year of marriage. If there is no urgency to marry again or otherwise, the process is more straightforward if the petition is filed after 1 year. In the interim period, the parties may live separately on mutual consent. Once the period is over, they can file a divorce petition by mutual consent and seek the waiver for 6 month cooling period by pleading the time they already spent living separately.SI am a lawyer. If the company releases you early, it must pay the salary for the remaining notice period. The notice period clause cannot be changed by the company without informing and seeking the employee’s acceptance, as it has financial implications for the latter.It is also a case of cheating if the employer informs you that they changed the clause after your resignation, which suggests they never intended to honor the original contract.
Serve a legal notice to the employer in this regard through a lawyer.
SHi, I am a Delhi-based lawyer. I hope you are recording all phone calls received from the investigation officer. They would be helpful when applying for Anticipatory Bail. Please check Arnesh Kumar’s judgment to understand your rights thoroughly.
If you have evidence to disprove the allegations, such as phone call recordings, WhatsApp messages, photographs, etc., you may submit it to the SP/SSP along with an application describing its relevance to countering the allegations in the FIR and seeking a proper investigation.
You may also seek an investigation against the complainant by pointing out the specific allegations and what should be enquired about to verify them. An application under Section 159 CrPC (Section 178 BNSS) may be filed in the court in this regard if the charge sheet is not submitted yet.
LegalApp.in can help to analyse your FIR further to identify your rights, fair investigation points, defense evidence and legal strategy one can take.
Viewing 5 posts - 1 through 5 (of 5 total)