Legal Question in Family Law in India

Hi, this is Amit.My sister got married 2 years back.After her marriage her mother in law started taunting her.They don't share anything with her(even they don't allow her to take family related decision ). Her husband neglects everything what his mother does.He supports his mother even when she does wrong.HE HAS ASSAULTED MY SISTER 2-3 TIMES.

So my sister has abused him for that.After that he has also abused my sister.

Now he is saying that,"IF MY SISTER ABUSES HIM FURTHER THEN HE WILL GO TO POLICE STATION ".

MY SISTER HAS 9 MONTH OLD DAUGHTER.

MY SISTER AND MY FAMILY(INCLUDING ME) ARE NOT INTERESTED taking divorce

So could you please answer my following questions

1)WHAT LEGAL ACTION CAN HER HUSBAND TAKE AGAINST MY SISTER ?

2)WHAT LEGAL ACTION WE CAN TAKE AGAINST HER HUSBAND ?

3)IN CASE IF SHE TAKES DIVORCE THEN TO WHOM CUSTODY OF CHILD WILL BE GIVEN?

PLEASE REPLY ON GIVEN EMAIL ID ASAP.

THANK YOU IN ADVANCE.


Asked on 3/31/12, 2:03 am

4 Answers from Attorneys
Aileen Marques Independent

Your sister could file a case under the Protection of Women from Domestic Violence Act, 2005 for protection from her husband and in-laws. By this they will be directed not to assault, harrass or cause harm to your sister and her child. There is no need for a divorce case to be filed if you are seeking end to violence. Your sister is also entitled to custody, residence and maintanence orders.

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Answered on 3/31/12, 7:05 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

1)your sister can file a case under Domestic Violence Act if she don't wish to go for divorce

2) Action has to be taken by your sister.

3) Custody of child will remain with your sister.

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Answered on 4/01/12, 6:40 am
KAMAL GROVER

if your sister wants to reside with his husband then she may file case under section 9 of hindu marriage act. or can go under domestic violance act.

better to contact any local lawyer or provide us your detail and may be we will help you.

Regards

[email protected]

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Answered on 4/03/12, 6:56 pm
Stalin Selvamani S & P Law Associates

You sister can file police complaint and divorce. In case of child custody as the baby is girl surely the custody will be given to the Mother.

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Answered on 4/03/12, 11:06 pm


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