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Husband threatening to take daughters custody forcefully, what to do
27-Feb-2023 (In Child Custody Law)
Hello sir/ma'am, I am married from the past 5 yrs and I have a 20 months old daughter. My mother in law and husband are alcoholic and the environment gets bad after they drink. We had a fight and I left home. It's been 6 months I am staying at my parents house. Not even once they have come to take or even see us. They just call and say come back and threatens me that they will take my baby from me. Please suggest what can I do as I don't want to go back. I don't want my child to be in that abusive environment .please guide me.
Dear ma'am,
From the facts stated by you it is clear that you do not want to live in your matrimonial house, on the other hand no one can force you to live their. Now you have the following remedies in the court of law :-
1. You can file a case under sec 125 of Criminal Procedure Code for maintenance for yourself and your daughter.
2. You can file a divorce petition under sec 13 of Hindu Marriage Act for divorce.
3. You can file a criminal complaint under sec 406/498-A of IPC.
4. You have remedies also under Domestic Violence Act.
You can avail all of these remedies.
From the facts stated by you it is clear that you do not want to live in your matrimonial house, on the other hand no one can force you to live their. Now you have the following remedies in the court of law :-
1. You can file a case under sec 125 of Criminal Procedure Code for maintenance for yourself and your daughter.
2. You can file a divorce petition under sec 13 of Hindu Marriage Act for divorce.
3. You can file a criminal complaint under sec 406/498-A of IPC.
4. You have remedies also under Domestic Violence Act.
You can avail all of these remedies.
Helpful?
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Adv. Kanwarjit Singh Pruthi
Patiala | 200+ Answers
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Mam you can file a suit for permanent injunction In civil court, restraining your husband from illegally and forcibly taking the custody of minor issue, and you can seek interim relief also against your husband.
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Dear client , no one can force u to stay at your in law house, if the environment is bad . You have lot of remedies available under Indian law. Husband is legally bound to keep & maintain his wife and children .if your good mother , no one can take custody of your daughter . Even u can claim maintenance from your husband for u & daughter . For more query meet me personally..!!
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Adv. Sukhbeer Singh Ghai
Moga | 25+ Answers
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Dear first of all you have to make your mind that whether you want to live with your husband or not. If you have decided not to live with your husband then we cannot be forced to live with him. You can separately with your child. You can file case for maintenance for you and your child. You can also file petition under domestic violence act and also have many sorts of reliefs.
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Adv. Bhart Virdi
Patiala | 25+ Answers
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File domestic violence case in the court or you may file police complain and you can file case for monthly maintenance for herself and for the minor,need not worry ,approach to the police and to the court.
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Adv. Lovkesh Gupta
Jalandhar | 100+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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