After marriage, my sister shifted to Pune and stayed with her husband as her husband works there. Then after a year, my sister blessed with baby girl and was staying with her mother in law at Mumbai but since then her mother in law doesn't allow my sister to go Pune and stay with husband. It's been two years now. Her Husband comes Mumbai in weekend. My married sister faces verbal abuse from her mother in law. Whenever she speaks about going to Pune, while same when her husband try to convince his mother. Everyday she faces verbal abuse. Even my sister has recorded some in mobile. Her husband is helpless now and my sister can't tolerate her mother in law any longer. We want my sister along with baby girl ( 2 years now) to come back at our home (parents place, we also stay at Mumbai). But we are afraid that her mother in law will come at our home and take baby with her. I need guidance how shall we proceed further? Mother in law won't allow to take baby out in front her. Shall my sister secretly take baby with her and bring our home? In case of police FIR when we need to file it and near her mother in law home or ours? My sister is software Engineer and earn good amount to take care her baby. Please guide us process step by step. Thanks
Hello,
You can ask your sister to skip the house secretly and lodge an FIR to this effect in the police station against the mother in law, she is the natural guardian of the baby and therefore the mother in law can not take the custody of the baby so easily.
Regards
Hi, better you can lodge a police complaint against your sisters' mother-in-law with the help of the police she can come to your home. Better you can lodge police complaint in the jurisdictional police where your sister's mother-in-law reside.
2. Once she reach to your place then you can think about further course of action.
Brother, it is a decesion that needs to be taken by your sister .. However no one can stop her from leaving her matrimonial house.. She can stay with you along with her child .. It do not constitute any legal offence ..
Dear Concerned,
BE ASSURED no one can take your sister's daughter from the mother - that too when the daughter is just 2 year old.
No law will permit a baby girl to be separated from mother - there are rarest cases when the custody of a girl child is given to father.
Best of luck
1) your sister is free to leave her MIL and stay with you with her baby
2) file DV case against mother in law and husband seek protection order , maintenance, alternative accommodation, compensation for mental torture undergone by her
If she has been held in captivity, that amounts to cruelty. A married couple is expected to live together under law. If the mother in law is trying to create right, that's offensive on her part. Ask her to report the matter to the police. The issue will be quickly solved with their intention.
1. mother is the natural guardian of a child up to 5 years and no one can claim custody of such child, hence she has absolute right to take her child's custody.
2. if she wants to live with her husband then she should file a case for restitution of conjugal rights. her husband will appear before the court and give undertaking that they will live together.
3. if she wants to live with her parents, you should file an application u/s 98 crpc before the collector for taking custody of your sister from her mother in law. because after marriage, husband is her legal guardian, if husband cannot protect her right then parents should come forward (because parents are still a natural guardian), in your case her mother in law has no legal right to forcefully keep your sister in her custody.
Dear Querist
The mother in law has no right to take baby from her mother even without court order the father of the baby can not see the baby if mother of the child is not ready for that.
So no need to worry, take a bold decision and your sister should come with the baby to your home or go to her husband place if he also wants his wife and baby.
There will be no requirement for any FIR.
Feel free to call
Your sister has full rights on her child hence she should not be worried about her mother in law, she can walk out of the house in front of her mother in law with her child, her mother in law cannot stop her from taking her child with her.
She can take the help of police if her mother in law is troubling or torturing her.
She can lodge a complaint with the police within her mother in law's house.
