Advice on domestic violence against my sister by her in laws
3 years ago
My Sister is married since 2012, she is facing domestic violence (mostly mental torture but sometimes physical) from her husband and in laws regularly, my sister is suffering from psychologically and physically. They are not allowing her to talk to us by keeping her mobile away and threatening of adverse consequences. They are regularly threatening for separation. Since my sister has three daughters and no job etc. separation would be devastating for her. kindly advise what can be done to help her.
Anjana Rana
Responded 3 years ago
A.Mr. Nileshwer in your case criminal proceeding will apply. Your sister or on her behalf you can file a case of domestic violence under Domestic Violence Act. Your sister can file a case where she is presently residing or his husband is residing or where cause of action arose. There are some provisions in law to file a case against a domestic violence.
1. Assuming this is related to dowry demand then, you can directly register FIR in police station for domestic violence under section 498A of IPC.
2. In every district there is a protection officer you can consult him/her and file a complaint under Domestic Violence Act. The protection office will prepare a report called as Domestic Incident report and he will further investigate the matter.
3. You can directly file a complaint case in competent court of you local jurisdiction before judicial magistrate 1st class. Generally the concerned court provides several benefits to aggrieved person.
a. Court may pass restraining order i.e. for protecting further violence.
b. In case there is no alternative accommodation court may pass order for aggrieved person to live in share household with protection. If the aggrieved person doesn’t want to live in shared household court may order to provide alternative accommodation.
c. Court may pass order of monetary relief i.e. compensation for medical expenses of any other damage arose due to domestic violence.
d. Court may pass interim order related to maintenance for daily expenses.
1. Assuming this is related to dowry demand then, you can directly register FIR in police station for domestic violence under section 498A of IPC.
2. In every district there is a protection officer you can consult him/her and file a complaint under Domestic Violence Act. The protection office will prepare a report called as Domestic Incident report and he will further investigate the matter.
3. You can directly file a complaint case in competent court of you local jurisdiction before judicial magistrate 1st class. Generally the concerned court provides several benefits to aggrieved person.
a. Court may pass restraining order i.e. for protecting further violence.
b. In case there is no alternative accommodation court may pass order for aggrieved person to live in share household with protection. If the aggrieved person doesn’t want to live in shared household court may order to provide alternative accommodation.
c. Court may pass order of monetary relief i.e. compensation for medical expenses of any other damage arose due to domestic violence.
d. Court may pass interim order related to maintenance for daily expenses.
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Mural Krishnan Sanjeevi
Responded 3 years ago
A.It is requested to make a complaint to the nearest police and contact social welfare officer of the district.
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Asha Bhuta
Responded 3 years ago
A.You can only approach a women's organization to mediate and help. Otherwise it's only your sister who can take a legal step. Not you.
You, your family, the society and only help to mediate and pacify the situation.
You, your family, the society and only help to mediate and pacify the situation.
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A.You file a case against her in-laws under domestic violence act.
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Priyanka Garg
Responded 3 years ago
A.Complaint under domestic violence to be filed for relief of protection and maintenance. However, please approach DCW first and lodge a complaint. Their counsellors will deal with the situation as it’s 8 years marriage now with 3 kids. God bless all!
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Shreesh Chadha
Responded 3 years ago
A.File under DV Act against the husband and in-laws, also take maintenance - this would ensure that your sister also has financial support. Separate money for your sister as well as your children per month to make sure that they are taken care of. Thereafter, we can look at possibility of divorce, so that more favorable terms and settlement (money) is received by your sister.
No one should stay in an abusive relationship. Staying in that relationship is more harmful than separation.
No one should stay in an abusive relationship. Staying in that relationship is more harmful than separation.
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Bhandari Law Firm Advocate & Attorneys
Responded 3 years ago
A.Hi..
If your sister do not want to live desperate then she may seek protection onrder form court and may stay in the same house.. for seeking protection order she have fiel DV complaint in your local court and Coury will provide protection order to you sister as well as maintenance also.. husband can not escape forlorn hoe legal as well moral obligations for maintaining his legally wedded wife and kids.
For more information you may contact.
If your sister do not want to live desperate then she may seek protection onrder form court and may stay in the same house.. for seeking protection order she have fiel DV complaint in your local court and Coury will provide protection order to you sister as well as maintenance also.. husband can not escape forlorn hoe legal as well moral obligations for maintaining his legally wedded wife and kids.
For more information you may contact.
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Gunjan Bhardwaj
Responded 3 years ago
A.Hi, first you help your sister to write down all the things which are going to happen to her.
And after that with the help of your legal consultant make a compland, and register that compland to nearest police station and women cell.
And after that with the help of your legal consultant make a compland, and register that compland to nearest police station and women cell.
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Rahul Jamdhade
Responded 3 years ago
A.You have the remedy on this problem
Under section 12 of the domestic violence Act your sister can file private complaint to judicial magistrate first class within the jurisdiction your sister is living and also lodge FIR to the concern police station under section 498 A
You can also seek protection order,
Shelter for her, maintenance for her and her daughters(if daughters are minor)
If her husband do not give custody of her daughter's then custody of daughters can be sought from order of J.M.F.C court.
Under section 12 of the domestic violence Act your sister can file private complaint to judicial magistrate first class within the jurisdiction your sister is living and also lodge FIR to the concern police station under section 498 A
You can also seek protection order,
Shelter for her, maintenance for her and her daughters(if daughters are minor)
If her husband do not give custody of her daughter's then custody of daughters can be sought from order of J.M.F.C court.
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A.Get file multiple cases through your sister against him and his family members. They will come to your terms.
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