Custody and domestic violence.
My sister is going through a bad marriage in Bangalore. She got married 1 and half years back and has a baby girl of four months. Her husband and mother in law do not let her speak to her family and prevent her from meeting her family(parents and sister /brother in law). She has not complained of physical violence so far but he verbally abuses her and threatens her to leave the house if she does not listen to her. He did not let us see her daughter. She is very scared of her anger.
My father has undergone a bypass surgery two days back. He is not allowing her to come and see him without his permission. Today she tried to walk out of the house but he did not allow her to take her daughter. He threatened to leave her take away the daughter to Delhi to his mother. She got scared and went back. I asked that should we intervene but she is so scared of him that she does not let us talk to threaten him. She is working and financially independent. Pls advise what shud we do? Can he take away the baby to Delhi. What if she leaves the baby and comes as he is not allowing her to bring her along. Can she fight for the custody?
Your sister should file complaint of Dv against her husband . it makes no sense in staying with an abusive husband. She should record all threats received from her husband. It will help her in lengthy court battle ahead. She can also file for divorce on grounds of mental cruelty and seek custody of her daughter. She would also be entitled to maintenance for her daughter. Custody of child is generally awarded to mother. She can also lodge police complaint against her husband for criminal intimidation. If situation worsens she should just walk out of her matrimonial home with her daughter.
- 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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
Get Started >>
Answers by Our Lawyers
- Is presence of biological father is essential for adoption?
- What is Partnership law as per the Company's Act
- Husband tortures me everyday but in court he was ready to live with me
- Can interest benefit be claimed for rented property without any rent
- Discharging the duties of a revenue officer