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Regarding custody of minor child and keeping her from her abusive fath
11-Aug-2023 (In Child Custody Law)
My sister have been regularly abused by her husband and in laws. She has a daughter. Last time she was severely beaten and thrown out of their house, she started staying at her maternal house, our house with the child. We didnt file an fir since he apologised and being a middle class family, we had that inherent societal fear and the sad hope that things can be reconciled. Now the husbands family has given a legal notice for the custody of the child. What should be our course of action.
what is the age of the child if below 7 or 8 the mother will only get it at the same time contest the custody case as well as file a maintenance case simultaneously and if husband doesnt pay will be jailed. presently i got another custody secured for mother
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Adv. Aveek Bose
Kolkata | 500+ Answers
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You have to defend the child custody petition. However you have filed an F.I.R. when such domestic violence was done to your sister an as such such incident is a criminal offence. Your sister can now file maintainance for herself and the child and defend the child custody petition in the court of law otherwise everything will go against your sister. It would be great if you have any evidence of your sister's domentic violence and photographs or witness. However without looking into the papers and documents it is difficult to common on the same.
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Adv. Mandobi Chowdhury
Kolkata | 25+ Answers
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