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Can i claim maintenance after divorce? How to get custody of 1yr girl?
27-Mar-2023 (In Divorce Law)
My sister has been Divorced forcibly by her husband by putting undue pressure on her. We were not even informed / aware about this. She was married since 2 years and has a 1 year old daughter but now her husband and his family are not allowing her to take her daughter with her and because of this even she is not leaving their home.
When we came to know of this and spoke to her in laws, they asked us not to interfere.
How do we get the child custody now and can we file a maintenance case now as the Divorce has already happened in court. Please help.
Firstly we would like to mention that your sister can challenge the decree for dissolution of marriage in the competent court on the grounds that her consent was obtained by undue influence and coercion. If she is able to prove the same, the divorce decree can be set aside by the Court.
Secondly, with respect to maintenance, your sister can claim relief under Protection of Women against Domestic Violence Act or under Section 125 of the Code of Criminal Procedure. She can seek maintenance under any of the two legislations. Moreover, she can even seek interim maintenance till the time her petition for maintenance is finally adjudicated.
Thirdly, your sister can also register a complaint for mental as well as physical cruelty against her husband and in-laws under Section 498A of the Indian Penal Code or Protection of Women Against Domestic Violence Act in the Crime Against Women Cell.
Lastly with respect to her daughter, she will have to file a petition for guardianship of her daughter in the competent court. And she can even claim maintenance for her daughter as well.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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