Domestic Violence and Police Non-Action

Dear Client,
The allegations of physical assault, mental cruelty, monetary demands, and harassment by your husband and his family members are serious in nature. You can seek immediate legal protection under the Protection of Women from Domestic Violence Act, 2005, which provides remedies such as Protection Orders, Residence Orders, Monetary Relief, Custody Orders, and Compensation for mental and physical abuse.

If your husband or his relatives are demanding money from you or your family and subjecting you to cruelty, the provisions relating to cruelty by husband or relatives under Section 85 of the Bharatiya Nyaya Sanhita, 2023 (formerly Section 498A IPC) can also be attracted, depending on the facts and evidence available. Physical assault may further constitute separate criminal offences under the Bharatiya Nyaya Sanhita.

Since the local police have allegedly failed to take action, you may submit a written complaint to the Superintendent of Police (SP), Singrauli, under Section 173(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), enclosing copies of your earlier complaint and supporting evidence. If no action is taken thereafter, you may approach the jurisdictional Judicial Magistrate seeking appropriate directions for registration and investigation of the case.

Preserve all available evidence, including medical records, photographs of injuries, threatening messages, call recordings (if legally obtained), and details of witnesses.

Considering the seriousness of the allegations and the involvement of your daughter, it is advisable to consult a local advocate at the earliest to initiate appropriate civil and criminal proceedings and seek immediate protection from further abuse.