Max Shirodkar (Service) 27 May 2013

Can domestic violence act be used against brother?

Hi,

There is a lady who has repeatedly suffered physical violence by her elder brother at home, sometimes even before the eyes of her mother. In one instance (12 years ago) this brother stuck her on her ear causing irrepairable damage, and she is unable to hear from one ear since that time.

Now she is married, but this brother still intimidates her and last year when she visited her hometown, he tried to strike her again. Can she still file a police complaint against her brother for under domestic violence act? Will this hold good for the incident 12 years ago as well, since her brother seems to continue his old habits. She has not yet approached the police because of family honour, but this is only encouraging her brother more and more. Please advise.

Thanks.

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6 Replies

Adv k . mahesh (advocate) 27 May 2013

what about your parents have you informed about the incident if they warn him they will listen

you can file a case against your brother in the local police station but the after conseaquences has to be faced by you

1. it is your parental house and it should be sorted out by your parents those are they enjoying all this

2. warn them if the incident occurs again you will not come to that place again

3. even after that you brother harms you then you can go to respective police station to complain

1 Like

Max Shirodkar (Service) 27 May 2013

Thanks. The living parent (mother) is very old now. Moreover, the brother is holding a high govt post, hence the other siblings are also slient. As this is a family matter so all are hesitant to go to the police. This is encouraging the errant brother to go on unabated. This is the big problem in our Indian families.

As regards the complainant, she is married and lives in a different city now. Also the brother now lives separately with his own family. But the problem is whenever she visite her home, there is always this fear of violence and the brother takes full advantage of this situation, as he knows nobody will dare to go to the police.

This could be the case with many of our Indian families where the husband is cooperative but the girl's own family are violent. This should be highlighted so that this doesn't happen in future to anybody else.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 27 May 2013

the definition to be violence between any of the following: husbands, wives, ex-husbands, ex-wives, partners, ex-partners, brothers, sisters, mothers, fathers, children, people who have lived together (which could include cousins, brothers-in-law, sisters-in-law, and caregivers), and people who are or have dated in the past.

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Sudhir Kumar, Advocate (Advocate) 27 May 2013

she can give ordinary complaint

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Prabha 06 February 2018

So unfair it is, there should be a law for sisters also. If you will ask help from police they won't take you seriously as they'll think it is a family matter but it's not. Only a person or a family can understand this who is facing regular abuse from their own family member.