Legal Question in Family Law in India

Hello dear Experts,

This is regarding my sister. She got married to an advocate around 6yrsago and the problems started within 2 months. Within next few months she was pregnant so we couldn't think of separating, just like any other middle class family. Now she has 2 sons of age 5yrs and 3yrs. Now we are very much afraid of thinking separation because of the child custody.

Problems:

1. Her husband and his family have been very abusive which is physical sometime. He has slapped her few times.

2. He has taken money from us few times. One instance was he cheated someone after selling something as a mediator but he did not give money to them. Somehow we also got involved in that and he asked us to pay the money to them. We gave the money and took it in writing from them on a stamp paper that they have been paid money by us on my Bro-in-law's behalf. He never gave that money and we never dared to ask.

3. Around 4 yrs ago he came to our home and asked for money. We gave him, but we do not have any proof for that.

4. He has taken loan against my sister's gold jewellery.

5. One of her gold jewellery went missing from their home when my sister was visiting us; he never worried to find out that.

6. He did not come to visit my sister or their first son for 3 months after delivery.

7. He is very suspicious. Whenever we make phone call, he puts the mobile on speaker phone and sits next to my sister and listens entire conversation.

Around 4yrs ago the abuse was intolerable so my sister came back to our home and stayed with us for 7 months. But later when they came and requested we sent her. After that my bro-in-law�s younger brother got married and his wife left him within a year because of the abuse. (I think the divorce is in progress)

Now that she is unable to bear the abuse, she is thinking of separating but afraid of following things:

1. Who would get the child custody? Can she keep both the sons with her if she decides separate?

2. Her elder son is staying with my parents since last 2 yrs for education. What if he takes that child from the school and hides somewhere?

3. My BIL and his mother are very abusive. They come to my home which is in a small village and start shouting from outside. My father and mother stay there with my sister�s elder son; I stay in a different city which is far away from my native. My father is a heart patient and hypertensive and is on medication. Is there any way legally we can stop them from coming to our home.

He never shared his financial conditions with my sister so we are not sure but looks like he has good wealth. Our financial condition is good though I am the lone earner in the family.

We don�t want to hurt them socially or their feelings but we definitely want the abuse to stop and want to go ahead with separation. Please provide your expert opinion.

Thanks in advance.

1 Answer from Attorneys

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