Marriage issue
Mohseen Vaid
(Querist) 21 May 2016
This query is : Resolved
My sister had married to NRI ( south african citizen) about 5 years ago. Everything was going perfact. She has a child age 4 years now my brother in law and his family is harrasing my sister to hand over them her son coz some of thier family member dont have child n they wanna adopt. Also therting my sister if she wont than she need to get divorce also beating him daily plus mental harrasment so in this case what can we i wanna know can we file case here in india.
I really need help n advice to save my sisters life n her son's life
Advocate Kappil Cchandna
(Expert) 21 May 2016
Sir,
Is your sister back to India or where is she staying now ?
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 21 May 2016
Ask her to generate evidence and consult an able lawyer.
SAINATH DEVALLA
(Expert) 22 May 2016
No legal adoption can take place without the wilfull consent of the parents.Hence when the mother is reluctant the adoption proposal of the father is termed illegal in the eyes of law.
P. Venu
(Expert) 22 May 2016
What do you mean by "She has a child age 4 years now my brother in law and his family is harrasing my sister to hand over them her son coz some of thier family member dont have child n they wanna adopt"?
Kumar Doab
(Expert) 22 May 2016
Apparently the husband and in laws are forcing the mother to let the child be given in adoption to a childless relative of in laws.
Rajendra K Goyal
(Expert) 22 May 2016
If she is NRI / living with her husband in that country, local law of that country applies, she should discuss with local lawyer there.
Mohseen Vaid
(Querist) 23 May 2016
She still have indian passport living in south africa.
Adv. Yogen Kakade
(Expert) 23 May 2016
Then your query is appropriately answered by mr. goyal.
Ask your sister to consult a local lawyer where she is residing. Also there are few Indian origin lawyers in SA who shall help her.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in Call: 020-65248888 / 09225510883
Nadeem Qureshi
(Expert) 23 May 2016
Dear Querist
If your sister is in India, then she may file a domestic violence case, Dowry harassment/cruetly case and may also file a maintenance case against him before court and claim maintenance, right to residence, child custody and compensation, and they will be prosecuted for their offence.
As per Indian Law, without the free consent of the wife/mother, adoption of the minor child can not be given.
Feel free to call
Mohseen Vaid
(Querist) 23 May 2016
Thank you all the experts for giving ir valuable advice
T. Kalaiselvan, Advocate
(Expert) 27 May 2016
If she is still in abroad and has been subjected to the said cruelties, she may give a complaint in that country itself under the domestic violence act seeking protection and other reliefs from the tortures and cruelties meted out to her including assaults.
Her complaint in India for the incidences that took place i foreign country may not be maintainable and may not be entertained by the local authority owing to plenty of practical reasons.
