Legal Question in Family Law in India

a) How can we proceed to bring a abusive husband to justice?

For the last 10 years she had been tolerating all. Latches in not filing any complaint with any authority will be a challenge. Let her have a beginning. First, she must recall and make chronology of points of facts which she considered caused mental or physical cruelty to her. The most recent one should be picked to draft and file a criminal complaint against the husband and other relatives, if involved. She can also consider filing a petition under Domestic Violence Act for compensation, right of residence, medical and other maintenance. It is up to her whether she want Divorce to bring an end to marriage or she wants judicial seperation.

b) How soon can my sister get a divorce? And, will my sister be awarded a maintenance?

Time would depend upon as to how much loaded the court is and secondly how sincerely the matter is persuaded. It will also depend upon the kind of contest by husband, Yes, she will be entitled to litigation expenses under Hindu marriage Act and other maintenance under Hindu Marriage Act, Domestic Violence Act and also under Criminal Procedure Code

c) Will my sister have any rights for the custody of children?

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She has the right for the custody of children. If she comes back with the children, husband will have to apply for the custody. But if she has left without children, she will have to file a petition for the custody of children emphasising how can she take better welfare of children. Money is no criteria for evaluating the welfare. Who can better nurture or who may provide a better environment for growth of children.

d) Any suggestion of what must be done or avoided to comply with Indian law?

She must decide as to what she wants. Accordingly, take steps as suggested. If she has any further question, she may seek legal assistance by writing or calling again. She may see a local lawyer. Please note that being a woman she is entitled to free legal aid from the state legal aid authority. She may ask for a female lawyer for her comfort level of discussion. Getting aid is a simple process of filling a form.

The answers to your queries are herein below for your perusal:-

a) Your sister has lot of rights under the law get justice from a abusive Husband. She can file a petition ubder the Domestic Violence act for Interim Maintenance and residence . She can lodge a complaint before Crime against Women Cell for Dowry ,beatings, harassment and abetment to suicide etc. which eventually would be converted into a FIR against her husband and his family. She can file for divorce as well.

b) There are two kinds of divorce under the Indian laws 1) Mutual Consent Divorce, if your sister and her4 Husband files a joint petition to get Divorce then this Divorce get over in minimum 6 months time for both the motions and 2) Contesting divorce which your sister can file by taking one or more grounds mentioned in the act against her Husband which might take a little longer .Yes your sister is entitled maintenance and permanent alimony under the act . Your sister can claim maintenance under Domestic Violence Act as mentioned herein above , she can claim under the Hindu Marriage act and Crpc.

c) Yes your sister has better custody right over the kids from there father.l

d) She has to decide what she wants and once she has decided then she should get into action. . Ten years is very long period of her suffering at the hands of an evil man. She should file a complaint before Crime against Women cell to begin with. I think i have made myself clear .Should you or your sister have any more question(s) or queries regarding her marital problem , please ask me either through email or call.