Please advise section details and how to proceed with this issue
1 month ago
Hello sir,
My husband advocate called to my parents and using abused language and scolding me that he will slap with chappal for my entire family and giving warnings to us to withdraw. And using so many abused language words on girls private body. And moreover he is advocate and relative to my husband
So please suggest on which section we can file a complaint on this advocate ? And Is that possible to cancel his license with this behaviour ?
A.Dear Client,
In the given scenario, although an advocate is bound by the law, if faced with misconduct, you have legal rights and remedies to address the crisis:
1. File a Complaint for Domestic Violence: Lodge a complaint against your advocate husband for domestic violence at the local police station under Section 12 of the Protection of Women from Domestic Violence Act, 2005. You can seek reliefs under this Act by directly approaching the Magistrate.
2. Consider Judicial Separation or Divorce: You may pursue judicial separation or divorce based on mental cruelty. Section 13(1)(ia) of the Hindu Marriage Act, 1955, permits divorce on grounds of cruelty. If mutual divorce isn't possible, file a contested divorce petition before the District Court seeking divorce and maintenance/alimony.
3. Complaint to Human Rights Commissions and Women's Commissions: Lodge a complaint online with the National Human Rights Commission, State Human Rights Commission, National Commission for Women, and State Commission for Women. These bodies investigate complaints related to women in distress.
4. Seek Legal Aid: If unable to afford legal expenses, apply for free legal services under Section 12(c) of the Legal Services Authority Act, 1987, from the State Legal Services Authority or District Legal Services Authority.
Additionally, seek assistance from NGOs dedicated to helping women in distress and approach the State Commission for Women for further support and guidance.
In the given scenario, although an advocate is bound by the law, if faced with misconduct, you have legal rights and remedies to address the crisis:
1. File a Complaint for Domestic Violence: Lodge a complaint against your advocate husband for domestic violence at the local police station under Section 12 of the Protection of Women from Domestic Violence Act, 2005. You can seek reliefs under this Act by directly approaching the Magistrate.
2. Consider Judicial Separation or Divorce: You may pursue judicial separation or divorce based on mental cruelty. Section 13(1)(ia) of the Hindu Marriage Act, 1955, permits divorce on grounds of cruelty. If mutual divorce isn't possible, file a contested divorce petition before the District Court seeking divorce and maintenance/alimony.
3. Complaint to Human Rights Commissions and Women's Commissions: Lodge a complaint online with the National Human Rights Commission, State Human Rights Commission, National Commission for Women, and State Commission for Women. These bodies investigate complaints related to women in distress.
4. Seek Legal Aid: If unable to afford legal expenses, apply for free legal services under Section 12(c) of the Legal Services Authority Act, 1987, from the State Legal Services Authority or District Legal Services Authority.
Additionally, seek assistance from NGOs dedicated to helping women in distress and approach the State Commission for Women for further support and guidance.
Helpful
Helpful
Share
A.Dear Client,
An advocate is neither above the law nor he can do anything unlawful taking the law in hand. A Lawyer is the savior/protector of the law of the land not the breaker of the law. Unless you can prove professional misconduct against an advocate, your complaint before the State Bar Council will be ended with no result or relief. However, in the given scenario, being a citizen of the country, you have the following legal rights and remedies to resolve the crisis. 1) you have the right to file a complaint against your advocate husband who subjected you and your family members to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. 2) you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. A decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce and maintenance or alimony from the husband. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. 3) Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by a woman in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with expenses involved in litigation, you can make an application before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to a woman under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief to your plights/crisis.
An advocate is neither above the law nor he can do anything unlawful taking the law in hand. A Lawyer is the savior/protector of the law of the land not the breaker of the law. Unless you can prove professional misconduct against an advocate, your complaint before the State Bar Council will be ended with no result or relief. However, in the given scenario, being a citizen of the country, you have the following legal rights and remedies to resolve the crisis. 1) you have the right to file a complaint against your advocate husband who subjected you and your family members to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act. 2) you may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. A decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the District Court praying for a decree of divorce and maintenance or alimony from the husband. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition. 3) Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by a woman in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with expenses involved in litigation, you can make an application before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to a woman under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief to your plights/crisis.
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
