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What are the rights of my sister as her in laws are very cruel?


15-Dec-2023 (In Divorce Law)

My younger sister is married for 4 years. She was blessed with a baby boy recently. Now since 5 months she is staying with us. The inlaws are very cruel. We got to know that in laws are filing for divorce. Can they get divorce on their own? Since a baby boy is born what are all the rights of the sister?

Answers (3)

Answer #1
545 votes
Dear client, I advise you to make complaint before police describing all incidents of cruelty, also file case for maintenance for wife as well as little baby, also file case for domestic violence, Don't delay the matter as it is already delayed. For further clarifications you can call me. Regards
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Advocate Suneel Moudgil

Adv. Suneel Moudgil

LawRato Panipat | 5+ Answers
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Answer #2
820 votes
Your sister has so many rights for her. she just need a little good advise. 1. Her husband can certainly file for divorce, however he will not get the divorce just like that. Whatever allegations he will put against your sister, he'll have to prove those allegations in the court and has to provide evidence for the same. 2. I would advise you to file a petition under Protection of Women form Domestic violations Act, 2005 seeking residence, financial and prohibitory orders from the court so that she will have the first mover advantage. 3. She can also file for divorce just as her husband can file, on the ground of CRUELTY against her husband and in-laws. She can also claim maintenance from her husband for herself and her son by filing an application in the court. 4.
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Advocate Amit Kumar

Adv. Amit Kumar

LawRatoGurgaon / Gurugram | 5+ Answers
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Answer #3
741 votes
Very first thing make complaint in Women Cell for cruelty against her in-laws and husband. Take a copy of the same. She can file case for alimony/maintenance for herself and the child. If you want you can also file Divorce if they don't file. Immediately file first case seeking maintenance and simultaneously file complaint against them under Domestic Violence Act. Ask for her maintenance child's maintenance amount and for their residing expenses an equal status for both.
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Advocate Arun Singh

Adv. Arun Singh

LawRatoGurgaon / Gurugram | 25+ Answers
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