1 Answer
Dear Client,
It is advisable that your sister does not sign the 22-page paper as it stands. A document that is demanded as a condition to enter the matrimonial homes, especially when she has been denied access to her daughter and is being pressured by the husband’s family, can later be used against her as an admission, waiver, or forced settlement. If she feels forced, the safer course is to seek legal protection first, not sign under pressure. The law gives her remedies for residence, protection and child access under the Protection of Women from Domestic Violence Act. This document, with conditions for behaviour, can be used to make her admit fault, restrict her movements and communication or create evidence that she agreed to unfair terms. If the husband’s family is saying that she may enter only after signing, the pressure may amount to criminal intimidation under Section 351 of the Bharatiya Nyaya Sanhita.
The practical course of action would be to not sign any documents now. Preserve all the evidence that may show the demand and denial of access to the daughter. Send a written reply stating that the matter can be resolved through mediation or with the help of counsels. If she wants to re-enter the home and secure access to her daughter, she may file a Domestic Violence Act application under Sections 12, 17, 18, 19, 20, 21 and 23 and seek residence rights, child access or interim custody, monetary support and order restraining intimidation If the daughter is a minor, the custody will be decided based on the welfare of the child. It will then be regulated under the Guardians and Wards Act, and the court can regulate visitation of the parents. I hope this helps. If you have any further queries, please feel free to contact us.