How can we seek maintenance for baby and wife?

My sister got married to guy in 2013. Post marriage, she has been emotionally and financially tortured by her husband and in laws. So after 3.5 yrs of tolerating all dat, she finally gave up and left her matrimonial home and came to her paternal home wid her 1 yr old kid. We wanted to settle things and send her back but due to her husbands financial mess due to meagre income and extravagant lifestyle that includes buying expensive sunglasses, shoes, smartphones, car,etc. But as a father and husband he has minimal duties towards his son and wife which he clearly refuses to do. My sister has been asking for her minimum rights in the form of little amount to just take care of her baby and herself but everytime she does so he fights or shows aggression which makes is determined that we cant send her back to him as he and his family would do more emotional and financial torture. So we want to send him a notice seeking monthly maintenance. Pls advice the steps

Answers (2)

214 votes

Dear Sir,
There are various laws which protect women form being harassed by her husband or other person. But as your wellwisher , I would like to suggest you that you need to resolve your sister's problem through peaceful talk with her husband. It is very easy to take divorce rather than to protect marriage life.My first preference is to protect marriage rather than to break it. So be careful,if you take help of court, in many cases the result is breakdown of marriage life.
If the husband is still not ready to hear you, you may take legal recourse.
If your sister is seeking for maintenance for herself and for her child, she can claim under section 125 of Cr.p.c. ;
There are other provisions too , to claim maintenance or to protect marriage life.

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193 votes

A notice can be sent to the husband for maintenance and right of your sister you can contact us for no cost legal advice further.

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