• Custody and domestice violence

My sister is going through a bad marriage in Bangalore. She got married 1 and half years back and has  a baby girl of four months. Her husband and mother in law do not let her speak to her family and prevent her from meeting her family(parents and sister /brother in law). She has not complained of physical violence so far but he verbally abuses her and threatens her to leave the house if she does not listen to her. He did not let us see her daughter. She is very scared of her anger.
My father has undergone a bypass surgery two days back. He is not allowing her to come and see him without his permission. Today she tried to walk out of the house but he did not allow her to take her daughter. He threatened to leave her take away the daughter to Delhi to his mother.
She got scared and went back. I asked that should we intervene but she is so scared of him that she does not let us talk to threaten him.

She is working and financially independent. Pls advise what shud we do? Can he take away the baby to Delhi.
What if she leaves the baby and comes as he is not allowing her to bring her along. Can she fight for the custody.
Asked 3 years ago in Family Law from Bangalore, Karnataka
Religion: Hindu
1your sister should file complaint of Dv against her husband . it makes no sense in staying with an abusive husband . she should record all threats received from her husband . it will help her in lengthy court battle ahead 

2) she can also file for divorce on grounds of mental cruelty and seek custody of her daughter .she would also be entitled to maintenance for her daughter 

3) custody of child is generally awarded to mother . 

4) she can also lodge police complaint against her husband for criminal intimidation . 

5) if situation worsens she  should just walk out of her matrimonial home with her daughter .
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. It is illegal on the part of your sister's husband and in-laws to restrain her from speaking to her parents. By doing so they have committed the offence of illegal restraint and also possibly criminal intimidation. 

2. The conduct of your brother-in-law and his parents amounts to domestic violence, which can be remedied by your sister by filing a case for domestic violence in the court. 

3. In the circumstances narrated by you, the best remedy for your sister would be to walk out of her matrimonial house along with her daughter and come back to her parental house. She can file a case for child custody to get the custody of her daughter even if her husband does not allow her to take the child away with her. 

4. As the father of the child your sister's husband can certainly take the child away to Delhi unless and until there is a restraint order issued against him by a court of law.

5. In addition to filing for child custody, your sister can file a case for domestic violence to seek protection from domestic abuse, maintenance and compensation. 

6. Last but not least, she can file for divorce on the ground of cruelty meted out to her by her husband.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) every mobile phone these days has voice/video recorder wherein threats can be recorded.

2) your sister should go to local police station and lodge complaint against her husband . also  file DV case  against her husband and mother in law 

3) when husband leaves for office she can leave her matrimonial home with her daughter
Ajay Sethi
Advocate, Mumbai
45700 Answers
2688 Consultations

5.0 on 5.0

1. No point continuing relationship with such type of abusive person,

2. Let your sister get rid of her and start her life afresh,

3. Let her collect evidence through audui/video recordings about the said torture on her and lodge a police complaint u/s498A,

4. She can also file a DV case against her husband and inlaws,

5. She is the natural gurdian of her 4 months old baby,

6. Arrange for her going out of the house with her baby after which she can go to any place she wisheds to go,

4. Her husband has to file child custody case to claim custody of his child.
Krishna Kishore Ganguly
Advocate, Kolkata
18533 Answers
449 Consultations

5.0 on 5.0

1. If she leaves her matrimonial house and claims custody of her child by filing child custody case, it will take a long time for the case to be decided in his favour,

2. She can leave her matrimonial house with her 4 months old child legally,

3. Let her lodge a police complaint aleging that she is not being allowed to carry her child  while going out though she is the natural guardian.
Krishna Kishore Ganguly
Advocate, Kolkata
18533 Answers
449 Consultations

5.0 on 5.0

if she wants to save her marriage and do not want to divorce him, then she needs to visit a marriage counselor along with her husband. however, if she is so scared to do anything, being financially independent and a mother of a girl child of 4 months, she can legally remove the child from the matrimonial home if she is moving out. the court basically insists upon the welfare of the child. and a girl child of such a tender age cannot be separated from her mother even by law until and unless there are very strong reasons for doing so.

Advise your sister to file a complaint against her husband. even if he has not physically harmed her, even mental harassment comes under cruelty which forms a ground for divorce as well. a complaint under the domestic violence law must be filed against the husband at the earliest.
Shaveta Sanghi
Advocate, Panchkula
866 Answers
64 Consultations

5.0 on 5.0

in this condition you sister should file DV case for granting residence order. by this order she is liable to get separate room in her matrimonial home and every one is prevented to enter in that and cause her any bodily harm or verbal/mental harassment.  
she should avoid to initiate any step for divorce. she should continue her job and take care of her child. please don't engage police authority by filing any FIR against her husband or his relatives. give some time to normalized this condition and must take care of her husband and talk to manage this issue.
Shivendra Pratap Singh
Advocate, Lucknow
5066 Answers
78 Consultations

4.9 on 5.0

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