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sister's husband abuses her and hits her and does not give her money


02-Apr-2023 (In Divorce Law)

My sister is being ill treated by her husband and in laws. A few days ago he even slapped her in front of her inlaws. Now he says that he will stay with her only if she cuts off all relations with her parents. He also does not give her any money for anything.

Can we bring her back to our home and file legal cases against them? How should we bring her back and what all cases can we file? She also has a 1 year old baby.

Answers (1)

Answer #1
227 votes

Assuming you are hindus,

Regarding the physical abuse she is facing from her husband,
she can file a case under the domestic violence act.
She can also complain in the women's cell.

Regarding her husband not giving her any money,

She file an application for maintenance under section 125 of Cr.P.C.

Thereafter her husband will be bound to to provide her money.

She can also file a divorce petition in the concerned family court.

Regarding the custody of the child,
If the in-laws are having the custody then you can file a petition to get the custody of the child and as the age of the child is 1 year generally the custody remains with the mother.
 

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