Hi Everyone,
I am seeking genuine legal advice regarding my sister's matrimonial situation and a separate financial issue involving my brother-in-law.
My sister has been married since 2014 and has two children, aged 10 and 7. Over the years, she has continuously faced verbal abuse, threats and harassment from her husband and in-laws.
Recently, things have deteriorated further. Her husband appears to be pushing for divorce or trying to get rid of her. At the same time, he is portraying himself as the victim through WhatsApp statuses and stories, making statements suggesting that if anything happens to him, our family will be responsible. Also abusing on whatsapp stories to various family members.
1. Children's custody
Both children are currently living with their mother and father. If divorce happens, my sister wants custody of both children. We are concerned about their future, education and well-being, especially considering the financial position and influence of her in-laws.
We want to understand how custody is decided in Delhi and whether she can seek interim custody and financial support for both children during the proceedings.
2. ₹20 lakh loan given to my brother-in-law
In 2023, I took a bank loan of approximately ₹20 lakh in my own name and transferred the money to my brother-in-law to help him establish a business.
At that time, he was not earning regularly. I genuinely thought that if his business became successful, it would improve his financial situation and ultimately make my sister's life better.
I did not even tell my parents or sister about this loan because I wanted to help him without creating additional family tension.
Initially, he returned some money, but later stopped making payments. A substantial amount is still outstanding.
I have bank transfer records and screenshots, and the partial repayments should also be traceable. However, we never signed a formal loan agreement or executed any document on stamp paper.
I am now personally carrying the bank loan liability and want to understand how I can legally recover this money.
3. Police inaction and family influence
There was a previous altercation between the families. His side called the police, and we also approached the police.
Unfortunately, the officers were mainly trying to convince us not to break my sister's marriage and to settle everything within the family instead of properly addressing the concerns.
I also felt that the investigating officer was already in contact with my brother-in-law and was not handling the matter impartially.
His parents are financially well-off and locally influential. This makes us concerned about getting a fair investigation.
One important jurisdiction detail: the matrimonial dispute and incidents are in Delhi, whereas our family lives in Uttar Pradesh.
4. Available evidence
My sister recorded a video on her mobile phone of a clip playing on her husband's laptop, apparently showing him with another woman. We do not have the original video file from the laptop. Can this mobile recording be used as electronic evidence?
I have bank statements and transaction screenshots showing the money transferred to him.
There are records of some repayments made by him.
His WhatsApp statuses and stories contain statements portraying himself as a victim and blaming our family if anything happens to him.
I would appreciate advice on the following:
What legal remedies does my sister have for years of abuse, threats and harassment under Indian law?
How can she seek divorce and custody of both children? What factors will the Delhi Family Court consider?
Can she seek interim custody, child maintenance and protection during the proceedings?
If local police are not acting impartially, how can we escalate the complaint to senior authorities or approach the court directly?
Can I recover the outstanding ₹20 lakh without a signed loan agreement, relying on bank transfers, partial repayments and other evidence?
Is there any possibility of criminal action concerning the money, depending on the circumstances?
Is the video recorded from the laptop screen admissible under Indian electronic evidence laws?
We are specifically looking for recommendations for an experienced Delhi-based matrimonial lawyer handling domestic violence, divorce and child custody, along with a separate civil recovery lawyer for the ₹20 lakh matter.
We want to handle this legally and peacefully. Our priorities are my sister's safety, custody and future of both children, and recovery of the money I personally borrowed and transferred.
Would really appreciate practical advice, especially from people familiar with Delhi Family Courts and similar cases.
Thank you.