Legal Question in Civil Rights Law in India

Divorce

my sister in law quarrled with my brother and went to her dad's house and also took my niece with her. now she is refusing to come and giving my niece back who is 1year old. she took the help of police and accused us and misleading the police by saying that we are asking for dowery and would kill her if she won't give dowery. now we do not have any proof to show that we are not accused. in fact we are asking her to come back but she is not coming. i will appreciate ur suggestion if u could help me out of this problem. i want my niece back but she is blackmailing us if u would ask for her again and would complaint the police that again they are threatening me for dowrya. as law has given more rights to womens, she is making undue advantage of it.


Asked on 8/09/04, 3:10 am

2 Answers from Attorneys
G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Divorce

The husband can apply to the concerned Family Court of restitution of conjugal rights, which if allowed will entitle him to his wife as well as his child. If the wife does not comply with the order of restitution, the husband can then apply for divorce and also seek custody of the child.

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Answered on 8/10/04, 5:09 am
D. M. Bhalla D.M LAW CHAMBER

Re: Divorce

This problem requires face to face discussion, as there are problems as the child is minor and of a tender age, moreso a female over all. Hence, the law is more in the favour of the mother. This can be tackled by some legal issues. Secondly, petition for restitution of conjugal rights can be filed, which will lead to the association of both the wife and child with your brother. For further discussion contact me on my mobile 9811062868 or mail me on [email protected].

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Answered on 8/10/04, 5:27 am


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