r/IndiaLaw

A Long read.
Hi everyone,
I’m writing this out of sheer frustration, helplessness, and concern for my sister’s safety. I currently live outside India and, due to visa complications, cannot travel back to help her in person. I sincerely request everyone, especially the lawyers in this community, to read this with an open mind and offer impartial legal advice, particularly because my brother-in-law is himself a practicing lawyer.
Background
My sister married my brother-in-law in 2014, and they have two children, a 12year-old daughter and a 7 year-old son.
At the time of their marriage, my brother-in-law was working as a manager in the legal department of a government bank. My sister is also a senior government employee, working as a CA
One of the reasons she agreed to the marriage was the financial stability and security of both having government jobs. However, a few years into their marriage, he decided to resign and establish his own legal practice. My sister strongly opposed this decision, although they had never explicitly discussed it as a condition before marriage.
That disagreement created tension between them, but what followed was far more serious.
Domestic Violence and Emotional Abuse
Over the past 2–3 years, my brother-in-law has allegedly become increasingly aggressive, controlling, and physically violent toward my sister.
According to her, he frequently initiates discussions over minor issues, deliberately escalates them into arguments, and eventually physically assaults her.
He repeatedly accuses her of having extramarital affairs, consuming alcohol, and using drugs, without presenting any evidence. I have known my sister all my life, and these allegations are completely inconsistent with the person I know.
His suspicion has reached a point where even a work-related phone call with a male colleague can trigger an argument.
Recently, he presented her with a document containing 16 conditions that she is expected to follow. Some of these include:
No communication with male colleagues.
Mandatory sharing of her phone’s location.
Returning directly home from work without stopping anywhere.
These are just a few of the conditions. To me, this is not a marriage anymore; it is an attempt to control every aspect of her life.
Financial Threats and Intimidation
My sister invested approximately ₹90 lakh of her personal savings into a house they purchased for around ₹3 crore. As a result, she now has limited savings of her own.
My brother-in-law regularly threatens to throw her out of the house without returning any of her financial contribution.
He also threatens to take custody of both children if she ever seeks a divorce.
What concerns me even more is that he repeatedly uses his profession as a lawyer to intimidate her. He claims he can fabricate legal cases against her, get her suspended from her government job, and destroy her reputation among colleagues, friends, and relatives.
Whether he can actually do these things is another matter, but the constant threats have left her terrified.
Her Mental and Emotional Condition
My sister has always been a strong, independent, educated, and professionally successful woman. But the person I speak to these days is someone I barely recognize.
She is emotionally exhausted, constantly anxious, and struggling to cope with the situation.
She rarely discusses these issues with anyone outside the family because she fears being judged and worries about the family’s reputation.
She shares most of her experiences with me, and I have assured her that she can call me anytime, regardless of the time difference.
But listening to her describe what she is going through, while knowing I cannot physically be there to protect her, leaves me feeling angry, frustrated, and completely helpless.
She is particularly afraid that if she initiates divorce proceedings, he will retaliate with false cases, damage her career, and attempt to separate her from her children.
At this point, she is not even interested in claiming her share of the house. She simply wants peace, safety, and her children.
My Questions to the Lawyers in This Community
I would genuinely appreciate guidance on the following:
What legal protection can my sister seek against ongoing physical violence, intimidation, and threats?
Can her husband realistically jeopardize her government employment by filing false complaints or cases?
How can she protect herself against retaliatory litigation, considering that her husband is a practicing lawyer?
What are her rights regarding custody of her 13-year-old daughter and 9-year-old son?
What precautions should she take before initiating separation or divorce proceedings?
How can she safely document the abuse and threats without exposing herself to further danger?
I understand that being a lawyer does not place anyone above the law. However, my sister genuinely fears that her husband knows how to manipulate legal procedures and make her life miserable through prolonged litigation.
I am not looking for revenge or trying to misuse the legal system against him. All I want is for my sister and her children to live safely, without fear, humiliation, or constant threats.
If anyone has handled a similar situation, especially one involving an abusive spouse who is also a lawyer, your advice would mean a great deal to us.
Thank you sincerely for taking the time to read this lengthy post. I would be grateful for any practical guidance.

I’m posting this on behalf of my sister and would appreciate some advice on how to handle this situation.
My sister got married in January 2025. Unfortunately, problems started soon after the marriage due to constant interference from her mother-in-law and sister-in-law, along with issues involving her husband. Things eventually became so difficult that she returned to our family home in December 2025.
Despite everything that had happened, my sister tried to reconcile with her husband and save the marriage. During this period, she was hospitalised and had to undergo emergency surgery. Neither her husband nor anyone from his family called to check on her or ask about her health. My father eventually insisted that her husband visit her in the hospital, which he did later.
Barely 20 days after her discharge, her husband allegedly tried to record her during a phone call when she was still recovering and emotionally vulnerable.
Later, in an attempt to resolve the issues, her husband suggested that my sister and my father visit his parents to discuss the matter. My father and sister went there with the intention of finding a solution and helping her return to her matrimonial home.
However, the discussion turned into an argument. From his family, only his mother and sister actively participated in the argument, while his father and husband remained silent spectators.
Eventually, her husband took her into a separate room and told her to apologise to his parents so that the matter could be resolved. My sister agreed and apologised, even though she did not believe she was at fault, because she genuinely wanted to save her marriage and return to her matrimonial home.
However, immediately after the apology, her mother-in-law told her that she could not stay in their house and asked my father to arrange a separate flat for my sister and her husband. My father said that if they were unwilling to let her stay there, he would take his daughter back home.
Since then, my uncles have been trying to mediate between both families and resolve the matter amicably. However, my sister’s in-laws have been unwilling to sit down and have a proper discussion. Her husband has become even more hostile towards her and is refusing to live with her.
The matter has now dragged on for months, with no meaningful resolution despite repeated attempts by our family to resolve it peacefully.
Two days ago, my parents decided to speak directly to her husband instead of communicating through our uncles. That phone call was recorded by our family. As expected, the conversation became heated.
Following that call, my uncle received a phone call from sister-in-law (her husband’s sister). She threatened to file a case against my parents and my sister, accusing them of harassing her brother. She also threatened to put them behind bars for 17–18 years.
We are now worried that they might file a false case against my family, despite our repeated efforts to resolve the situation peacefully.
I would appreciate advice on the following:

1. What legal options does my sister have in this situation?
2. Can her sister-in-law file a criminal case against my parents and sister simply because of a heated phone conversation?
3. What precautions should we take if we believe they may file a false complaint against us?
4. Should we preserve the recorded phone call and any messages or other evidence? Is it legally advisable to use the recording?
5. Should my sister approach a lawyer now, even if no formal complaint has been filed yet?
   Additional context: My sister’s in-laws have been interfering in her marriage since day one. Our family has repeatedly tried to resolve the issues through discussion and mediation, but nothing has worked so far.
   We are based in India, so advice from people familiar with Indian matrimonial and criminal law would be especially helpful.
   Thank you for taking the time to read this. We genuinely want to understand our legal options and protect my sister and our family while handling the matter properly.

​

Background:

My dad has two elder brothers (they both have lucrative corporate jobs 4 lakh per month, eldest has just retired). My dad suffered ear damage in his childhood so my grandparents pulled him out of school before he could complete 12th and made him do work in partnership with my grandfather's youngest brother after which it dissolved he got compensated with 5 lakhs this happened 20+ years ago. Then grandfather used my dad's money and his 2nd eldest brother's money(no proof of that) to buy a shop in Grandma's name for 11 lakhs. My dad opened a pharmacy in that shop and has been operating it solely(the business and all bills are in his name). Our family has an apartment style house with 4 floors, front side 3bhk(70 lakhs) and backside 1bhk(35 lakhs) and a hall on ground floor same size as 1 bhk. Grandfather owns all of it. We live on 4th floor 3bhk, 2nd eldest on 3rd floor and the eldest in noida and he gets rent from 2nd floor 3bhk. The grandparents live in 3rd floor 1bhk and they take rent from the 1bhk of all floors (+ 50k pension from his govt job). There is a storeroom on the terrace of which my family's stuff was moved out into a makeshift room made of steel roofing sheets and only the the other two brother's stuff is kept in the proper storeroom. We have a flat in noida worth 1cr now we bought on a 20 year loan of which 18 years are left and all the other brothers are jealous that how could my dad move ahead in life. Our shop has very low sale, we have almost no savings all my dad's earnings go into my college fees and brother's school and coaching fees. My grandpa does come sit on the shop for 1hr each in lunch and dinner time (so that my dad can go home to eat) but only because he gets bored sitting at home. My dad now wears hearing aids and he still can't hear properly, his hearing has gone by 90%.

Present:

Now the 2nd eldest brother wants the whole ownership of the shop and says if my father wants to continue working we have to pay 35k in rent which is just not possible. Since the registry is in Grandma's name, she has the power and and she has already given the registry and her aadhar and other documents to hum and will easily transfer the ownership to him. That brother also demands that if shop is not given to him he wants ownership of all the 1bhk flats instead which the grandparents won't do. There have been 5-6 meetings discussing(more like fighting) on this property dispute, which we have recorded on our phone secretly. My grandfather used come at our home seperately and tell us things about he will manage and not transfer ownership and such but then he would just blatantly refuse in the next meeting in front of everyone. We have recorded his private conversations with us too. We said we will agree if the shop ownership can be divided in half between both brothers since my dad has worked there for 20+ years now and now with his condition he can't even change jobs. They said he worked there rent free for 20+ years so now he deserves nothing. We said to the grandparents if you are transferring the whole shop to him, atleast give my father one of the 1bhk flats on the 1st floor. But they said they will keep the both the 1st floor and ground floor flats for themselves. Also this house was rebuilt for which all brothers gave 10 lakhs each and my grandfather has repaid both of them, but has yet to repay my father. They keep saying to sell our noida flat to buy back this shop, which makes no sense since even the emi of that flat is higher than the rent it pays and also the shop isn't running that well to buy it now and in few years my father won't be able to work properly anyways. We have refused to leave the shop and pay any rent. In a few days my grandmother will tranfer the ownership to him. My grandparents have always favoured the two elder brothers over my father. He was always treated as a servant. After marriage my mother noticed it and fought back and that's why everyone hates her too that she "gets angry easily". The 2nd elder brother's wife lies a lot, I have witnessed it many times and now she just says makeup things to my grandparents to turn them against us. Both of them are saying they have no money and we apparently have a lot, even though he has worked in hong kong and Japan for several years before coming back to India. We are thinking of fighting a legal court case since there is no other choice. My father is getting nothing out of losing this shop.

I humbly urge anyone to provide any advice or support of they can.

TL;DR my father had hearing issues in his childhood, made to work, opened a shop in Grandma's name made to work there for 20+ years assuming it will be named to him, now the grandparents are giving it to his elder brother who is pretty rich(worked in many MNCs). We have almost no savings and the loss of livelihood will have adverse affects since my college and my younger brother's school is left, we need advice and urgent help

I'm hoping someone in this group has been through something similar and can offer some genuine advice.

Back in 2010, I got married in India. Shortly after the wedding, I discovered that my wife was cheating on me. I received emails and videos that left little doubt about what was happening.

At the time, I was in the process of sponsoring her to Canada. Once I discovered what was going on, I cancelled the sponsorship and filed for divorce in India.

Unfortunately, what should have been a straightforward divorce turned into a police and legal matter. Eventually, I had to pay a substantial amount of money to settle everything, even though the amount had already been agreed upon in signed documents.

My experience with the legal system in India was extremely unpleasant. I felt that the process was heavily tilted against me and that much of it came down to money.

Fast-forward to 2026.

I haven't returned to India in almost 15–16 years. I would like to visit, but I have some genuine concerns about whether there could still be something pending against me, despite the settlement and signed legal documents.

For those who may be quick to judge or troll: I'm genuinely looking for advice, not a debate about who was right or wrong. I still have all the evidence, including the emails and videos, from what happened back then. This was not a case of abandoning someone. I made a decision based on clear evidence, and I stand by that decision.

My questions are:

1. Has anyone been through a similar divorce or legal situation in India and subsequently returned after many years?
2. Is there a way to check whether any police complaints, court cases, warrants or other legal matters are still pending against me?
3. Should I hire a lawyer in India to verify everything before travelling?
4. Are there any other precautions I should take to avoid problems at immigration, the airport or while travelling within India?

I understand that legal advice is best obtained from a lawyer, but I'd really appreciate hearing from people who have personally dealt with something similar.

It's been almost 16 years, and I'd like to be able to visit India without worrying about an unpleasant surprise.

Thanks in advance to anyone who can offer some practical guidance.

Seeking legal advice for a friend who was driving his car after drinking a beer at a regular traffic stop at night. He blew a 400+ on a breathalyser where 300 is the limit (what the traffic cop said). This was a first time offence. I was with him as a passenger.

Now the cop has asked him to come to the traffic police chowki to get the "fatla" and then he will go to the Shivajinagar court with an officer where he is to admit to the offense, say that he was forced to drink 1 small drink by a friend in a party or something similar and just pay the fine. This is what the cop told us and asked to not worry about it.

He wants to understand:

- what is the actual procedure and timeline for this? Will his case be heard right away (within that day) or could it take a while (multiple appearances in court) after getting the fatla / submitting it in court? Is the advice from the cop legit or can it get him in trouble?

- is avoiding the entire process (collecting the fatla and going to court) advisable?

- what are the risks of not going to court? What are the risks of admitting to the offence? Can his license be suspended?

- any general advice?

Note: he is not from Pune, 31yr old male, driving his own (new) car. His license was handed back to him although usual process seems to be that the license is taken away (don't know if it's relevant to the case). He willingly submitted to the test thinking he wouldn't blow past the limit.

Hi everyone, I need advice regarding an access road issue affecting our house in Telangana.

My father owns a 240 sq. yard residential plot and built a small house on it. We have been using an existing pathway to access our house since 2014.

There is approximately 2 acres of open land opposite our house. A community of around 15 members claims that the land was gifted to their caste community by a sadhu.

Recently, the municipality constructed a CC road up to the neighbouring house and stopped there by community members.

They claim their land boundary touches our plot, leaving us with no road access & have placed concrete poles across the remaining pathway, completely blocking our access to our house.

We have submitted multiple complaints to the District Collector, Tahsildar, Municipal Commissioner, police and MLA, but no official survey has been conducted to verify the community’s land claim or resolve the access issue.

Our building permission application was also rejected because there is no abutting road, while a neighbouring plot facing a similar access issue received permission around five years ago.

We know the community members’ local political influence is preventing action by the authorities.

We belongs to the SC community, our neighbours also do not support us as they don’t want a lower community to stay beside them & so we are not getting any support from authorities.

We believe the disputed land may be community land, but we need the relevant revenue records and an official survey to establish its status and the legal position regarding access. We do pay house tax, have electricity poles, drainage is also built by municipality earlier

We have limited financial resources to pursue a lengthy legal battle.

Looking for advice on:
How can we establish our right of way and obtain an official land survey?

Which authority can help remove the obstruction and restore access?

Should we approach the High Court through a writ petition or file a civil suit?

Are there any similar experiences dealing with such issues in Telangana?

Any practical advice or guidance on the legal process would be greatly appreciated.

Thank you.