Domestic Violence and Mental Torture by Husband
2 years ago
Husband has Extramarital affairs. Wife is subjected to physical and mental torture by husband and mother-in-law. He compelled his wife to leave her matrimonial home. And now he is going to organise a village Khap Panchayat and threaten wife and her family to ostracized them. Plz give us legal advice. And tell me will court accept the ruling of village Khap Panchayat ?
A.Dear Sir,
Such ruling of village Khap Panchayat is not binding upon the wife. Under the law the married wife may file domestic violence against her husband, his family members and also the members of village Khap Panchayat.
Rate me Five Star*
Such ruling of village Khap Panchayat is not binding upon the wife. Under the law the married wife may file domestic violence against her husband, his family members and also the members of village Khap Panchayat.
Rate me Five Star*
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can give a police complaint. They will do the necessary actions and file the chargesheet in the court. The decision of Khap panchayat has no effect if it is something which is illegal or forbidden by law.
Please rate my answer
Thank You
You can give a police complaint. They will do the necessary actions and file the chargesheet in the court. The decision of Khap panchayat has no effect if it is something which is illegal or forbidden by law.
Please rate my answer
Thank You
Helpful
Helpful
Share
A.Hi,
You can give a police complaint against the cruelty of your husband. Police will investigate this case and take the necessary actions. Decision of village Khap panchayat has no effect if it has no authority to do so by the law for the time being in force and any order to do an illegal act is void.
Please rate my answer
Thank You
You can give a police complaint against the cruelty of your husband. Police will investigate this case and take the necessary actions. Decision of village Khap panchayat has no effect if it has no authority to do so by the law for the time being in force and any order to do an illegal act is void.
Please rate my answer
Thank You
Helpful
Helpful
Share
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.It is necessary on the part of that wife to lodge FIR in the local police station against the husband u/s 498A of Indian Penal Code,1860,as amended up to date,on the ground of mental and physical torture as well as domestic violence. On proof,the husband shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
Khap Panchayat's ruling has no legal validity so question of accepting the same by the Court of Law cannot and does not arise.
Please take note that if the wife is unable to lodge FIR in the local PS ,then wife's parents or other relatives can lodge zero FIR in their Police Station.As per law, the police cannot refuse to register an FIR if the information given to them discloses the commission of a cognizable offence. They are supposed to register the same and start investigations immediately. If during investigations, they realize that the crime was committed in some other jurisdiction then they should transfer the case to the police station having jurisdiction to investigate that crime. However, if it is evident at the time of registration itself that the crime was committed in some other jurisdiction then they should register the information as Zero FIR and immediately transfer the same to the appropriate police station having jurisdiction over that matter.
Khap Panchayat's ruling has no legal validity so question of accepting the same by the Court of Law cannot and does not arise.
Please take note that if the wife is unable to lodge FIR in the local PS ,then wife's parents or other relatives can lodge zero FIR in their Police Station.As per law, the police cannot refuse to register an FIR if the information given to them discloses the commission of a cognizable offence. They are supposed to register the same and start investigations immediately. If during investigations, they realize that the crime was committed in some other jurisdiction then they should transfer the case to the police station having jurisdiction to investigate that crime. However, if it is evident at the time of registration itself that the crime was committed in some other jurisdiction then they should register the information as Zero FIR and immediately transfer the same to the appropriate police station having jurisdiction over that matter.
Helpful
Helpful
Share
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
A.Court gram panchayat ke kisi faisle ko koi nhi manati hai. And aise faisle ki koi importance law ki najar me nhi hai.
Aap ko apne husband or sasural walo ke khilaf police me complaint karni chahiye. Aap domestic violence ka case bhi file kar sakte hai.
And dowry act and cruelty ka case bhi file kar sakte hai.
Aap ko apne husband or sasural walo ke khilaf police me complaint karni chahiye. Aap domestic violence ka case bhi file kar sakte hai.
And dowry act and cruelty ka case bhi file kar sakte hai.
Helpful
Helpful
Share
Read Related Answers
Domestic voilence
Dear Client,
You can file a civil case against the husband and in-laws under the provisions of Protection of Women from Domestic Violence Act (PWDV) and seek the remedy. Further, in case of cruelty co...
Family issuw
Dear Client,
If you're considering leaving home and seeking refuge in an orphanage or another safe environment, it's important to prioritize your safety above all else. You have the right to live in...
crpc 125 filed by my sisters mother in law on her own son (my sisters husband)
Section 12 in The Protection of Women from Domestic Violence Act, 2005
12. Application to Magistrate.—
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved pe...
Please suggest on the steps and process to follow
Dear Client,
an FIR can not be transferred from one state to another and if the jurisdictional police station is not taking action against the same please file a complaint in the magistrate, where th...
husband torture to wife
Dear Madam,
You may immediately file Domestic Violence case and other cases to restrain your husband continuously committing such violence against you.
Read Blogs on Domestic Violence
Domestic Violence Lawyers
Find Lawyers by Location
