Legal Question in Family Law in India

illerate sister deserted by husband having three kids

my sister married in 1987 to a PSU employee staying in delhi having three kids. She is suffering from physical & mental haressment since start day of marriage from husband and in-laws. Being illeterate and scared of social customs , she never resisted against atrocities. Now from past few months they have started unbearable beating and harassing her severely and thereby forced her to leave the home. i have given her accomodation as today i can afford to. but she has three kids, their education , food, clothes etc.

Pl. inform me what she should do to get justice for her & kid's survival.


Asked on 12/06/01, 2:16 pm

3 Answers from Attorneys

Prabhat Shroff Shroff & Company

Re: illerate sister deserted by husband having three kids

There are two options open to your sister -

1. She files for a divorce in which application may be filed for maintenance and alimony.

2. She should also file an application u/s 125 of the Criminal Procedure Code for Maintenance, either along with the divorce suit or independently.

She should also immediately file a criminal complaint u/s 498A with the local police station.

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Answered on 12/07/01, 12:44 am
Satish Maheshwari Vakilbabu

Re: illerate sister deserted by husband having three kids

Dear Friend,

I am sorry, but as a matter of practise, we do not reply to queries from the persons, who do not give their complete details, nor to the persons not directly affected by the problem under the query. We also do not give any citations to the seekers.

Therefore we request you to send your query only through the query form at the Free legal advice pages of the vakilbabu website at http://www.vakilbabu.com quoting the reference LawGuru.com.

We believe you shall understand.

Warm regards and happy new year

Satish Maheshwari.

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Answered on 12/06/01, 3:00 pm
Umesh Bhagwat Bhagwat&Co.

Re: illerate sister deserted by husband having three kids

The best course of action for you would be to file application under section 125 Cr.PC for maintenance and support for your sister and children.

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Answered on 12/06/01, 9:16 pm


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