Legal Question in Family Law in India
Divorce and Custody of child of 6 months 17 days
My sister's husband beats her regularly and does not want to be with her because she didnt bring any dowry. However he wants the custody of their 6 months 17 days old baby boy. What are the legal options for my sister to get divorce and the custody of her child? Any suggestions would be highly appreciated. Thank you.
5 Answers from Attorneys
Re: Divorce and Custody of child of 6 months 17 days
You may consider initiating criminal prosecution of your husband by lodging a police complaint under sections 406 and 498-A of INDIAN PENAL CODE. The court is not likely to give custody of the child to the husband in this situation.
You may also claim damages/maintenance and residency rights under the Domestic Violence Act.
Re: Divorce and Custody of child of 6 months 17 days
She can come back home or can file a case under Domestic violance and then court will direct her husband to provide an appopriate seprate accomodation for your sister.
Parallel file a case under section 406 and 498-A against her husband and others who so ever harass her or support his husband.
Next step file a case of child custody and if she is willing then divorce. But divorce should be in extreme cases only.
She may move to women cell in your local city.
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Re: Divorce and Custody of child of 6 months 17 days
your sister's husband will not get custody of such a small child so don't worry. Divorce can be taken on the ground of cruelty.
Re: Divorce and Custody of child of 6 months 17 days
your sister has number of remedies, she may move for criminal prosecution against her husband and his family memebr. the husband of your sister can not get the custody of child. for further advice, feel free to contact me at 9888067997
Re: Divorce and Custody of child of 6 months 17 days
you can initiate a case of criminal proceeding u/s 498 A CRPC or under Domestic Violence Act But you should be sure that your sister really doesnt want to live with her husband. can also file for maintenence for both wife and child u/s 24 of HINDU marriage ACT or u/s18 OF hindu adoption and maintenence act and divorce u/s 13 of HMA.no chance of husband getting the child's custody as the child is too small
wait for few months to see if the husband changes his mind before initiating any criminal proceedings.
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