Harassment by In Laws want sister to come home with child custody

Sir My sister was married in (Pali) Rajasthan, in 2014, Now She has a child of 8 month (C-Sec). but since the inception of marriage my sister is being tortured directly/indirectly, moreover due to C-sec delivery of child my sister health become worse & couldn't recoup health, despite the bad health she was asked to perform domestic work without interruption. this cause internal swelling in abdominal stitches. Now we are thinking to get she separate from her husband & to keep custody of child with his mother, kindly suggest what we should do to remain child with us.

Answers (1)

467 votes

If your sister is facing mental cruelty by the hands of the in-laws, then you can file a case under the Domestic Violence Act.

With respect to the custody, you can get your sister and her daughter to your home. Thereafter, if your brother-in-law wants the custody of the baby girl, he would be required to file a case in the court.

Generally, as per the precedents set by the Supreme Court, the custody of the child remains with the mother until the child has attained the age of 5 years. 

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