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Sister's husband kidnapped child and harassing her and family


22-Jul-2023 (In Divorce Law)
Hello,My elder sister got married before 2years.she has boy baby now.Her husband often used to beaten up her and ask sorry. Its a daily routine.she is now with us, he came to my home and do all the domestic violence, abusing words , beaten up my father. He kept our jewels also When we go to station , he used to say that he come to see his child. He often said lie. Recently he kidnapped child, we rushed to station and got child after long time. She has applied divorce now. But he said that he never give divorce and won't allow to keep child with us.
Answers (2)

Answer #1
855 votes
First of all advise your sister to lodge a strong complaint against her husband for the offences to be made out under the provisions of sections 406, 420, 323, 50, 509 498a of IPC and 3 and 4 of DP act, with evidences of his cruel acts and atrocities.

Let him take bail or whatever and face charges in the court on these offences.

Besides above, she may file a case under DV act seeking protection, maintenance and compensation from him.

She may also file a maintenance case under section 125 cr.p.c.

Finally she may not withdraw the divorce case at any cost or under any pressure.

This is how she has to manage the situation.
Answer #2
829 votes
Hello,
Now your sister applied divorce and the divorce case is pending at the court. When the divorce case is pending her husband cannot claim the child without the permission of the court.

Without having valid reasons we cannot completely get the child custody. The husband has rights to see the child but he has to get the court order even to see the child. for further support call me on my cell.

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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