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Civil Law India · 24 days ago · 302 views

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.

Last updated: October 3, 2026 AI-assisted answer

Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.

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