Legal Question in Family Law in India
My sister came away from her husband with a small girl child and has been staying with us for nearly 2 months. Today her husband came and he along with his family members tried to talk to us to solve the issue amicably and they were willing to take my sister back. However, she was not willing, so they said thay are taking the child away, and surprisingly one of his relatives who was accompanying them who happenes to hold a high post in govt called the police and in their presence they took the child away from us without any much fuss but we could do nothing least of all calling police as they were very much present. My sister is under great stress. What can be done by us? they said that they can take the child away legally becasue the mother is neglecting her education. Should we have taken any action legally earlier? officially there is nothing on record that could prove that there has been physical seperation except that her husband sent a letter requesting my sister and daughter to come back at the earliest as the child's education was suffering.
1 Answer from Attorneys
Either your sister should join or husband; or else she should lodge a criminal complaint against him, if she has a serious issue of cruelty etc.