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Can a woman ask for divorce on the ground of mental harassment


10-Feb-2023 (In Family Law)
Respected sir, My sister have female baby of 2 years. My sister is unhappy with her husband. Her husband always under estimate and temper on her. My sister never say anything to us. Now she is bound to leave her home and come to my home. Her baby they kept. My sister always compromise with her husband. Her husband mentally harassed my sister. My sister now very depressed due to her baby. Kindly help and advice me what I should do as a brother. Our religion is Hindu.
Answers (5)

Answer #1
516 votes
You are requested to immediately file a domestic violence case, a maintenance case and custody of child case without any further delay as well as request you to ask your sister to write the entire story from day 1 and till today and to write all the points on paper without fail.

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Answer #2
723 votes
Immediately met with an Advocate and file a Petition before the Ld. S.D.O for recovery of baby. as the baby is aged about 2 years mother custody is the better custody. And the Ld. Court shall passed an order to handed over the baby to your sister. Therefore, don't wast your time and file an application for issue a Search Warrant.
Answer #3
561 votes
Madam,
The facts you have stated is very fragmented and precise. In case of matrimonial disputes, we need to know every detail of information before we strategize anything. We can sit and strategise the next course of actions. But yes, I will always like to advice you on certain things on the assumption that your brother-in-law is not agreeable to mutual divorce.
1. Immediately file an Interim maintenance petition along with a divorce petition.
2. File an application for custody, as your child is of 2years, your sister can always get custody, subject to certain conditions. But whatever we have to do, we have do it quickly.
I have an office at High Court and I stay at Rajarhat, New Town. I generally don't conduct conference in New Town but if have issues in travelling, I can accommodate you.
Feel free to contact. You can find my contact details in the site itself.
Answer #4
875 votes
hello..yes your sister can file a suit for divorce on the ground of mental harassment and else than that she is entitled to claim maintenance also from her husband as and she is also entitled to file a case of DOMESTIC VIOLENCE.
For further details please contact me.
THANK YOU
Answer #5
758 votes
Immediately file a case us 97 of Crpc before SDEM to rescue the baby...then you think about the divorce. I hope after rescue of the baby you file divorce petition before District Judge or Additional District Judge.

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