Physical abuse
3 months ago
My father has been beating my mother and I from ever since I can remember ( from when I was 6 months of age). He stopped hitting my mother from few years but now at my age of 25 yo(Male), he at least once every few months hits me. He is an ADC in Karnataka government. He has a lot of contacts in police, lawyers and politicians. Please help me find a way to keep myself and my mother safe from him and his influential powers, as he is a high post Government official.
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.
Responded By: Legal Counsel Vidhikarya
Responded By: Legal Counsel Vidhikarya
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A.Dear client,
In cases of domestic violence against women, your mother can file a complaint against him as per the provisions of domestic violence against women, 2005.
Further, you can also call the helpline number 7827170170. You may also file your case in the Judicial magistrate of first class.
In your case, you may file a complaint against him in a police station under Section 318 of IPC.
Thank you
In cases of domestic violence against women, your mother can file a complaint against him as per the provisions of domestic violence against women, 2005.
Further, you can also call the helpline number 7827170170. You may also file your case in the Judicial magistrate of first class.
In your case, you may file a complaint against him in a police station under Section 318 of IPC.
Thank you
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