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sachin (lawyer)     14 June 2011

Child possession

my sister is married last year, she was mentally tochered by her in laes everytime. Now she gave birth to son, right now she was at her maternal home, her husband came and told her to give vaccination and took her out, she went with her friend with him, in the car her nmother in law was there, my sister gaved the child to mother in law, her husband told her to come she told i will stay at maternal house to sought out some problem of husband and wife, he left her and tool the child away. so give  advice on that wheter to filed complaint,under what section



Learning

 2 Replies

Arvind Singh Chauhan (advocate)     15 June 2011

She can file a suit under DV Act and may ask the custody of child under Section 21 of DV Act.

Adv. Chandrasekhar (Advocate)     15 June 2011

She has to file a case immediately under Section 12 of the DV Act and move ex-party interim relief of immediate custody of the child as the child requires breast feeding.  Within 3 days of the filing of the petition, she will get the relief of custody of the child.

Wish her best of luck. 

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