Legal Question in Family Law in India

My sister facing problem with her husband. He psychologically tortured my sister and his parents also against to my sister. She is 24 yrs old with 2 yrs female baby. Her inlaws also not showing interest towards baby and my sister because of female child. So my sister staying at our home (with her parents) since baby birth. He is not paying anything for maintainance of baby or my sister.

In august 2012 he sent a legal notice to my sister mentioning all false information like, he is very much loving his child and his wife, but she don�t want to stay with him and even she is not allowing him to see his child etc. So we approached a lawyer and replied to his notice with all the information like what are the tortures he made. After receiving the notice he came to my sister and asked apologies and offered to come with him.

But when she went to her inlaws house they started behaving like past but my sister showed her tolerance. But he is continued with his ignorance towards baby also when baby gets ill. So again my sister came to our home with her baby.

My sister approached police by making written complaint but not filing any case. He said that he dont has the capacity to maintain his wife and child so he want to solve this case by settlement (returning back all the items we gifted at the time of marriage). But he is not responding properly on this settlement issue also.

Please advice how to solve this issue. Kindly advice for baby rights. As he stated that he don�t have job so he would not pay anything for maintenance.

Do we need to approach new lawyer as we have transferred to new city recently. Kindly advice.


Asked on 10/05/13, 7:29 am

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

On the police complaint, request the police to lodge an FIR. Secondly, for maintenance, you can file a petition u/s 125 Cr PC. A husband is bound to maintain his wife and child at any cost.For settlement to take place, you have to exert pressure on him by initiating criminal action against him.

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Answered on 10/06/13, 11:09 pm


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