DOMESTIC ABUSE AND RESTRAINING ORDER

Dear Client,
In the given scenario, your ailing and ill-fated friend has the following legal remedies. 1) she can file a complaint against her errant and unruly husband who subjected her to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, 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 that include the right to reside in the shared household, prohibitory/restraining order and residence order. 2) she may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce 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. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. If there is no possibility and no scope of mutual consent divorce, she can file a one-sided/contested divorce petition before the Family Court/District Court praying for a decree of divorce and seeking maintenance or alimony from the husband. Both under Section 25 of HMA or Section 125 Cr. PC, any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and the kids. 3) Apart from this, your friend 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 domestic violence faced by women in distress by sending an email to ncw@nic.in or filing an online complaint. If your friend is not financially sound enough to continue with litigation expenses, you can apply 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.

Dear Sir,
Immediately, lodge a Police complaint with audio and video recordings. Definitely you will get justice otherwise go to media.