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I want advise for my sister situation, she is mentally toucher by husb
07-Feb-2026 (In Family Law)
I want advise. my sister weeding was in 2014. after 4 years she suffers some mental issues in her husband house. her husband not ready to take care of her. they left her in her father home. she has child of 8 years old. her husband has oldest yelder father and yelder mother and his parents with him. he is farmer. he has two hekter land. how deal with this situation. They not ready to provide any support.
Your sister can file domestic violence proceeding against husband and her in laws and can seem maintenance there in for herself and the child. Also, if she intends to seek divorce she can proceed for the same and seek maintenance there too. Feel free to contact me for seeking any legal advice/assistance as regards the same.
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Adv. Prerna Shukla
Mumbai | 700+ Answers
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Husband is legally bound to maintain wife and child. She can seek maintenance under CrPC 125/HMA, medical expenses, custody of child, and protection under DV Act for neglect and abandonment as per the concerned provisions of law.
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Adv. Pankaj Bajaj
Pune | 700+ Answers
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Your sister has a legal right to claim maintenance and support from her husband even if she is presently staying at her parental home. She can file a petition for maintenance for herself and the minor child under Section 125 CrPC or under the Protection of Women from Domestic Violence Act seeking maintenance, medical expenses, residence rights and protection orders. The husband’s income from agricultural land will be considered while fixing maintenance. If he still neglects to maintain her, the court can pass enforceable recovery orders. She should immediately consult a local advocate and initiate maintenance and DV proceedings along with medical records showing her health condition.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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firstly file dv case and then file partition case from son in dv your sister and her son will gate maintenance and in partition case your sisters son will gate his share of property so both will mentioned by your sisters husband and also her son will gate his share of property but first file dv application and after maintenance passed file partition
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Adv. Irfan S Patel
Kolhapur | 100+ Answers
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hello,Your sister and her child have strong legal rights, even if she is suffering from mental health issues. Her husband cannot abandon her and escape responsibility.
Right to Maintenance (Financial Support)
Under Section 125 of the Criminal Procedure Code (CrPC), a husband is legally bound to provide maintenance to his wife and minor child.
Mental illness does not take away her right to maintenance.
Even if she is living at her father’s house, the husband must pay monthly maintenance.
His income as a farmer and ownership of land will be considered by the court.
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Adv. Asma Shaikh
Akola | 5+ Answers
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