First, you said that your sister is not getting married to that guy, and in the next paragraph, you are stating that she is married to that guy. Kindly clarify the position so that correct facts are known Before giving any advice
Family issue
Hello. I want advise as to how to solve the problem that is going on at home. My elder sister who is a divorcee is creating problem at home. She is in affair with a muslim guy which my parents are against of. They asked her to leave the home and break all the relationships with family if she choose to marry him. She is neither leaving home not getting married to him because of which my parents are frustrated and scolding her everyday. She complained in police against my parents twice because they not letting her live peacefully. They gave her full freedom to marry him but she is not doing it and creating fuss everyday at home.
Asked 3 months ago in Civil Law
12 Answers
My sister is a Hindu and is married to a Muslim and has a 4 year kid. He is very abusive and away from home whole day and night. He does not take any responsibility of the kid and wife. His family also does not like him. He is very abusive with my sister even in public and threatening her that he will kill her or take the child away. She does not know how to react as he says police can not do anything and no one can do anything to him and he has nothing to loose. He is working in railways as class 4 employee and was removed from service but managed to join back by paying money. Now he has nothing to loose except the kid. My sister wants to keep the police informed before hand before something major happens
Asked 3 months ago
If she continuously tortures them, then they can think about about evicting her from the property by adopting legal procedures.
First let them issue a legal notice instructing her to vacate the house and look for any other place to reside, if she is complying then they can file a suit to evict her through court of law.
She can lodge a criminal complaint against him for the acts of cruelty.
She can file a DV case seeking protection for her and the child.
She can file a divorce case on the grounds of cruelty.
Let she take appropriate legal action in consultation with a local advocate.
But she is scared of loosing child as she is not working and he still has a job which he is very irregularly managing
Asked 3 months ago
If your parents are senior citizens they can file application before senior citizen tribunal and seek orders to direct daughter to vacate part of house in her possession
Sister should file DV case seek protection order , alternative accommodation against husband , maintenance for herself and kid and compensation for mental torture undergone by her
Act as mentioned herein above
She should resist his pressure to take the child custody.
The child will remain in the custody of mother till it attains 5 years of age.
Dear Client,
I just want to let you know that,
Your elder sister has the right to marry anyone she chooses under Article 22 of the Constitution of India. If your sister is facing harassment at home, she can lodge a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, to any Metropolitan Magistrate in her area. She can file a complaint with the local police, who will then forward it to the appropriate authority.
For your other sister, she can also file a complaint under the same provision of the Protection of Women from Domestic Violence Act, 2005, for abuse, threat, and neglect. She can also apply for police protection and file for child custody. The court has the power to prioritize the welfare of the child, so her unemployment should not be a major barrier. She can also file a preventive complaint with the police to record the threats before anything happens.
Thank you.Hope this answers your query.
Will the police call her husband to investigate? She is suspecting that he is waiting for the child to get to 5 yrs of age and then try for custody. She is very confused of all these things specially financial ability of her husband who is not going to office regularly and not giving her any money to raise the child or run the home
Asked 3 months ago
Once DV case is filed husband would be issued notice
2) he has to appear or engage lawyer
3) file detailed reply denying allegations
If she lodges a complaint against her husband, then the police will certainly summon her husband for inquiry and investigation into the acts of commission of the alleged offences.
As far as child custody is concerned, she can fight it out on merits instead of going by the procedures of law, because the family court considers many facts on the basis of prevailing circumstances to decide such issues.
Custody of child will remain with her however old the kid grown.
Dear Client,
I would like to advise your sister that, she may register a police complaint under sections 85 and 86 of the Bhartiya Nyaya Sanhita 2023 , specifically for cruelty and threats, and under section 351 (2) (3) of the Bhartiya Nyaya Sanhita, 2023 for criminal intimidation, your sister may register a police complain. Her spouse could be questioned by the police. Under the Domestic Violence Act of 2005, she is also entitled to maintenance and protection. In various cases which is involve with custody, the Supreme Court prioritizes the best interests of the child. Whenever possible, custody should go to the mother, especially if the kid is younger than five years old. The husband's attempts to prevail in a custody dispute were further hindered by his carelessness in handling family matters and unpredictable work schedule. It is advisable that engaging a family lawyer can be beneficial for secure your sister's and her child's rights.
Thank you.Hope this answers your query.