Domestic voilence
1 week ago
My younger sister went going through domestic violence since 6years, she is getting hares mentally and physically, her husband always threaten her for 2nd marriage and same pressure she is getting it from her laws,unfortunetly she don't have any kids. kinldy suggest what can be done
A.Dear Madam,
Ask your sister to file a suit for permanent injunction restraining her husband from marrying for second time during the subsistence of this marriage.
Ask your sister to file a suit for permanent injunction restraining her husband from marrying for second time during the subsistence of this marriage.
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A.Dear Client,
A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel your sister can manage herself outside without the support of her in-law's family for all her needs, nothing prevents or restricts her from walking out of her matrimonial home to look for the destiny of her choice. So, your sister needs to arrange for an independent source of income to live her life on her own terms. However, in the prevailing situation, your sister has the following legal remedies to resolve the crisis. 1) she has the right to file a complaint against her husband and his other family members who subjected her 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) your sister 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, your sister can file a one-sided/contested divorce petition before the District Court/Family 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, your sister 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 women in distress by sending an email to [email protected] or filing an online complaint. Further, she can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. If your sister is not financially sound enough to continue with expenses involved in litigation, she can make an application before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief.
A person can restart his or her life afresh at any stage or age if she or he is inspired or encouraged to do so by well-wishers. If you feel your sister can manage herself outside without the support of her in-law's family for all her needs, nothing prevents or restricts her from walking out of her matrimonial home to look for the destiny of her choice. So, your sister needs to arrange for an independent source of income to live her life on her own terms. However, in the prevailing situation, your sister has the following legal remedies to resolve the crisis. 1) she has the right to file a complaint against her husband and his other family members who subjected her 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) your sister 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, your sister can file a one-sided/contested divorce petition before the District Court/Family 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, your sister 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 women in distress by sending an email to [email protected] or filing an online complaint. Further, she can also approach the State Commission of Women situated in her state, and seek help from the NGOs who rendered dedicated service to the women in distress. If your sister is not financially sound enough to continue with expenses involved in litigation, she can make an application before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases for appropriate relief.
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A.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 committed against your sister by the husband or his relatives, you can also consider filing a criminal case under Section 498A of IPC against the perpetrators, and they shall be punished with an imprisonment up to 3 years and fine. If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
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 committed against your sister by the husband or his relatives, you can also consider filing a criminal case under Section 498A of IPC against the perpetrators, and they shall be punished with an imprisonment up to 3 years and fine. If required, you can consult an advocate for advice and assistance.
Hope it helps.
Thank you.
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