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Husband and in-laws causing domestic violence and torture, what to do


27-Mar-2023 (In Divorce Law)
My sister is a victim of domestic voilance. She gets beaten by her husband. Her In-laws are supporting his activities. She has 5 yr old boy with autism. She is fearing that she will not get custody fo her child if she reports this issue. She has BHMS degree, but since marriage she is housewife. She has no financial back up. Pls suggest, what are leagal chances to get her childs custody? Also, does she stand any chance of getting alimony?
Answers (3)

Answer #1
924 votes
dear client, your sister's case is very strong now preparation of evidence is the main task .if possible make the video recordings
of 5/6 such pieces of evidence with date and time and the inspiration of other members,
as per Hindu law section 13a is for the provision of divorce, in such type offences, but such type of people are when sits behind the bar then automatically shows drastic changes in their attitude, for this
purpose section 498A of Indian penal code is prepared, by this clause
all family members can be punished up- to 3 years for such type of violence.for this provision one 15 paise card to the commissioner of police in that area is sufficient.
As your sister is a doctor( practice is immaterial )she knows the procedure of curing of the patients hence she is the main right holder of that child, and the child is in need of medical help in such conditions which is the strong point of child custody.please don't be nervous as your doing best for your sister the strong blessings of God are with you.as well as we are also
with you as she is your sister she is our daughter.we are with you.if you like my advice pl.rate me if possible thanks.
Answer #2
744 votes
Your sister can file domestic violence case in the court and also apply for interim maintenance and custody of her child. The court will hear both the parties and accordingly give the decree. Need to make sure all that happen in home over the phone should be documented. Can give complaint in the court, a written complaint in detail will have evidence to prove in the court. For further help, you can contact me. Thanks
Answer #3
667 votes
A complaint under section 498A of Indian Penal Code can be filed with the local police station against the husband and other in laws. And also a complaint under section 12, 18, 19, 20, 21 and 22 of the Protection of Women from Domestic Violence Act may be filed in the Court. She doesn't have to be afraid of seeking protection of law. She is very much entitled to the custody of her child even if she's not earning. She can file a maintenance application for herself and her child under section 125 of CrPC. The husband will surely have to pay for maintenance of the wife and child. And she will surely get the alimony if she's planning for a divorce.

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