Seeking Help in a Domestic Violence Crisis against my mother Seeking Help in a Domestic Violence Crisis against my mother

3 months ago

I am writing to bring to your attention a matter of utmost urgency and seriousness concerning domestic violence and harassment within my family.I am Gautam witness to the persistent and distressing abuse that my mother Rekha has been enduring at the hands of my father Jagpal (vijay) for an extended period. The abuse encompasses both verbal and physical aggression, creating an environment of fear and distress for my mother.What is particularly alarming is the baseless and false allegations my father has levied against my mother. He falsely accuses her of having an affair with her elder sister's husband, an assertion devoid of any truth. I can attest to the fact that my mother has been faithful and devoted to her family, and these allegations are an attempt to justify his unwarranted actions.Furthermore, I want to bring to your attention that, prior to their marriage, my father displayed inappropriate attraction towards my mother's younger sister. Although my mother's younger sister acknowledged her mistake and apologized, my father continues to harbor unfounded suspicions about my mother's character.The relentless mental and physical harassment my mother endures has reached an intolerable level, necessitating immediate intervention. I implore you to take swift action to ensure the safety and well-being of my mother.I kindly request your guidance on legal measures and support services available to address this situation. Moreover, if necessary, I am prepared to cooperate fully in any investigation to bring an end to this cycle of abuse.Thank you for your prompt attention to this matter. I look forward to hearing from you soon.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
In the given situation, the decision to take the recourse of law against your errant and unruly father exclusively depends upon your mother because once an in-house dispute between the family members is made public by litigation, it may, directly and indirectly, affect the social status of the family apart from other consequences. So, if your mother is obsessed with facing continuous abuse and atrocities at the hands of her husband, she can take the recourse of law by applying under Sec.12 of the Prevention of Women from Domestic Violence Act, 2005 before the Magistrate concerned. Section 12 of the Act empowers an aggrieved woman to file an application before the Magistrate seeking various reliefs under the DV Act, such as orders directing protection of the complainant, restraint or payment of compensation, against alleged acts of domestic violence committed by her husband or in-laws. Under Sec.17(1) of the Act, which deals with the right to reside in a shared household says that notwithstanding anything contained in any other law for the time being in force, every woman in a domestic relationship shall have the right to reside in the shared household, whether or not she has any right, title or beneficial interest in the same. The Supreme Court held in the case of Kamatchi vs Lakshmi Narayanan that an application under Section 12 of the Protection of Women from Domestic Violence Act of 2005 (Act) need not be filed within one year of the alleged acts of domestic violence. Reach out to an Advocate handling DV cases in your area for necessary guidance and steps.
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