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In laws forged document on girl's behalf. How to get her rights back?
13-May-2023 (In Divorce Law)
My sister's in-laws forged against her. They signed all documents on her behalf and at that time she was in a confused mood because her in laws were mistreating her and used violence against her. Now she wants to fight against them in the court.
Please suggest all possible ways to fight court case against her in laws, she wants her daughter & all her rights back from them. She used to live with her husband and her in laws and they had also forced her to get an abortion done recently.
Firstly, your sister must register an FIR in the nearest police station against her husband and in-laws for domestic violence under Section 498A of the Indian Penal Code and also under Protection of Women from Domestic Violence Act before the Crime Against Women Cell. This is with respect to the domestic violence your sister is being subjected to.
Thereafter, she can initiate a Complaint Case in the Court under the Domestic Violence Act against her husband and in-laws for police protection, retraining order and monetary relief (maintenance / alimony and stridhan).
Also, she must file a petition for the custody of the child and maintenance under Section 125 of the Code of Criminal Procedure.
With respect to the forced abortion: Forced abortion is a punishable offence and it comes under the ambit of Section 17 of Pre Conceptional, Pre Natal Diagnostic Technique Act (PCPNDT Act). Your sister can register an FIR under this section against her husband and in-laws.
In case she wants a Divorce, she can file the petition for Divorce on the grounds of cruelty enshrined under Section 13 of the Hindu Marriage Act.
Kindly contact us for any further details and action.
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Adv. Sudershani Ray
Delhi | 200+ Answers
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