Legal Question in Family Law in India

My sister got married in November 2009. She is now three months pregnant with her first child.She lives with her husband, mother-in-law and sister-in-law. While the in-laws cause her a lot of mental trauma regarding dowry etc, her husband is emotionally unsupportive and has even hit her a number of times. He is now threatening to divorce her which she is unwilling to do since theirs was a love marriage and for the sake of her child. Can he really divorce her without her consent? Also what steps can we take with regards to alimony and child care? He is an officer in the Indian Army.

Asked on 8/18/10, 9:06 am

3 Answers from Attorneys

Devansh Bhardwaj Devansh Bhardwaj

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No he cant. Try to solve the problem amicably by talking to him and his family.

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DEVANSH BHARDWAJ

ADVOCATE

LUCKNOW

Answered on 8/18/10, 9:08 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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the husband is duty bound to maintain his wife and child and you can approach the court for filing a petition for maintenance, if need be. regarding physical abuse and torture pertaining to demand of dowry, it is being dealt under specific law u/s 498a of indian penal code. you may ask your lawyer to initiate the proceedings as and when the need arises.

Answered on 8/19/10, 12:25 am

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