Domestic Violence

Querist : Anonymous (Querist) 28 July 2011 This query is : Resolved
This is for my sister,she got married on2007/04/01.Her husband and his parents were torturing her mentally and physically.One day she planned to commit suicide, but it failed.My father bring her to my home. Her husband now planning to sell his property.He is doing nothing for her and her 4 year daughters maintenance maintenance.
Can we attach their property. then what would be our next step,

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ajay sethi (Expert) 28 July 2011
1) you can make application under section 9 read with section 14 of domestic violence act. court can direct husband to pay maintenace to your sister and her daughters . in addtion she can caim compensation for mental agony and torture undergone by her . she can also get an order restraining her husband from disposessing her in the premises she is staying in
2) she can also file for divorce on grounds of cruelty and also obtain injunction restraining her husband from dispossessing her from matrimonial home
3) she can also apply for an injunction restraining her husband from selling his flat

M/s. Y-not legal services (Expert) 28 July 2011
We need some more details to help you. The mother and child can file maintenance case. Apart from that the minor child can claim partition from the property if its ancestral property.

M/s. Y-not legal services (Expert) 28 July 2011
If the property is ancestral property the father can't sell the property while its include minor's share also.. So just clear that the property in the name of? And whether its ancestral property or self acquired property?

Arvind Singh Chauhan (Expert) 28 July 2011
Mr Ajay Sethi has suggested the right direction.

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