Physical & Mental Abuse By Husband

904 votes

As per hindu law , your sister can file case in nearby family court for custody of child under guardian and ward act (section 7 and 25). Winning or losing case is depend upon circumstances and lawyer but in 90% cases court grants visitation rights to petitioner to meet child at specified place (once in a week or month)

Advocate Altamush Farooqui LawRato

612 votes

your sister can file a police complne against his husband to harasment you can file a case of maintains of section 144 BNSs for per month maintain you can file a case of domestic voilence case against his husband and his family

Advocate Ganesh Kumar LawRato

791 votes

It's a serious issue and the serious issue is solved by slow process but best results, if you really want to come back your sister to your home and also her little baby , you have to go for it immediately by taking action, You should hire an advocate and try to contact me at my office I will give you the solutions about that and your sister is live happily in your house and get money and there daughter also.

Advocate Raj Kumar Sahu LawRato

863 votes

I hope you are doing well. Based on the facts presented, there are several legal remedies available to your sister. Before proceeding, it is essential to ascertain how long your sister has been residing separately from her husband, as it may have a bearing on both maintenance and custody considerations. Moving forward, there are several legal precedents applicable to the scenario you described, which I have outlined below along with applicable case laws. Child Custody – She can initiate proceedings for custody of her minor daughter under Section 6 of the Hindu Minority and Guardianship Act, 1956 and the relevant provisions of the Guardians and Wards Act, 1890. The welfare of the child is the paramount consideration for the court, as held in Gaurav Nagpal v. Sumedha Nagpal (2009) 1 SCC 42. Since the child is only five years old, the court generally prefers maternal custody, unless proven detrimental to the child’s welfare. Visitation Rights – Pending custody proceedings, she can also seek interim visitation rights, ensuring regular contact with her child, even if physical custody remains with the father initially. Maintenance – She is entitled to claim maintenance for herself and her daughter under Section 125 of the Code of Criminal Procedure, 1973, as reaffirmed in Chaturbhuj v. Sita Bai (2008) 2 SCC 316, where the Supreme Court held that a husband is obliged to maintain his wife if she is unable to maintain herself. Additionally, she may claim maintenance under Section 20 of the Protection of Women from Domestic Violence Act, 2005 (PWDVA). Domestic Violence Proceedings – Considering the alleged abuse and restraint, your sister can file a complaint under Sections 18 to 23 of the PWDVA, seeking protection orders, residence orders, and compensation for emotional and physical abuse. For any legal help you can connect me on WhatsApp or Direct call. Thanks

Advocate Yash Arora LawRato