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Q. Legal remedy against domestic violence , cruelty

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Kamlakar Askar

posted 6 months ago

Q.Legal remedy against domestic violence , cruelty
My sister aged about 57 yrs is second wife of her husband. She has no issue. She is diagnosed as patient of euvery cancer .at stage III -. Dr advised her chemo. Her husband along with his widow daughter in law have been inflicting upon her physical , mental torture, cruelty in various ways such as She is beaten, abused. prohibited to talk to neighbours, even being a patient, she prepares her own food daily, her clothes n beds are thrown out of home. Now she urgently needs medical treatment for cancer. For this she wants her husband's help mere physical presence to attend her at the govt medical college n hospital Nagpur. She being an indigent person is eligible for free treatment. Her husband is not ready even to accompany her at the hospital . He categorically denied to help her any way. He wants her immediate death for want of treatment even though free .Now she is living life on death due to her husband and his relatives cruelty. In this regard my sister approached several times the police station at Hinganghat, but no use. She lives as a deserted , unwanted woman at her home.
Plz . Suggest legal remedy in the domestic the criminal matter of cruelty.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 6 months ago

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A. ) Dear Sir,
Age is not the criteria to file complaint under the provisions of Domestic Violence Act.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 6 months ago

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A. ) file complaint under domestic violence act, and also lodge a police complaint, as the police didn't register the complaint, get it done with the help of the court by filing an application under section 156(3) CrPC

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Shreyash Mohta

Experience: 1 Year(s)

Responded 6 months ago

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A. ) File a FIR in the police station.
If not then you can also file a private complaint to a local magistrate.

You can individually file a DV case u/s 12 of The PWDV Act and also file a Case of 125CrPC for maintenance.
Thanks

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