My sister's husband abandoned her and their daughter and went to live with another woman, what legal remedies does she have?
AN Asked by Anjali Gupta from India
Quick Answer
Your sister can file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and if the husband continues to refuse, she can file for divorce on grounds of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the Act.
Detailed Legal Analysis
Your sister can file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, and if the husband continues to refuse, she can file for divorce on grounds of cruelty and desertion under Section 13(1)(ia) and 13(1)(ib) of the Act. She can claim monthly maintenance for herself and her daughter under Section 125 CrPC (Section 144 BNSS) and also seek maintenance under the Hindu Adoptions and Maintenance Act, 1956.
For the daughter, she can file for custody and guardianship under the Guardians and Wards Act, 1890, with the welfare of the child being the paramount consideration. She can also file a complaint for domestic violence and seek a residence order if the matrimonial home is in her husband's name.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.