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Subodh Kumar (NA)     03 March 2012

Extreme domestic violence

 

One of my close relative (aunt) is facing extreme domestic violence. She is married since last 15 years and has been facing it every week after 2-3 years of marriage. She has two children of aged 13 and 11 years. Her husband is always fighting with and beating her mercilessly with unknown and known reasons. It has become order of the day and she remains sick most of the times. 

She is not very educated and cannot take up any job for herself. Her husband works in a state govt job. We as family members have tried all sorts of mediation since then but everything remains futile after few days. Since marriage is sacrosanct we never thought of asking her to get separated and education and well being of children also matters.

But now there is limit of tolerance and things have become unbearable for her. She does all the chores of home; don’t get money even to have evenmedicines and vegetables. My parents have been helping her with the money etc. as and when needed but it is not a solution of persisting problem of domestic violence.  Her husband does not listen to anybody (relatives on girl’s side) and we have been trying to avoid any kind of force to settle to scores with and beat him in equal measure so that he does not dare to touch her again. We are always hoping that he will understand but all is in vain.

It is very painful and my blood boils when I see many bruises on her body. She has been tolerating it for long only for her children. I am unable to see such hapless situation. My parents and her relatives are also thinking in terms of some permanent solution. Please suggest me what should we do. What legal course we can take. If she lives separate eventually will she be given any means of livelihood?

Thanking you for the kind opinions.



Learning

 5 Replies

Democratic Indian (n/a)     03 March 2012

She can file 125 CrPC for maintainence. If she wants her husband to be put behind bars, she can get medical certificates from government hospital proving that she has been violently beaten with all those signs of violence on her body and file cases under Domestic Violence Act and 498A IPC for violence and torture. If she wants may also file divorce. But before proceeding, sit and discuss with some skillfull and experienced advocate who is knowledgeable about matrimonial laws and proceed as desired as per law. If you have more questions, you may also raise a query in experts section of this website to get more specific answers.

Tajobsindia (Senior Partner )     04 March 2012

@ Author,

Unfortunate query before us.


1.
The facts are that of nature of Domestic Violence in a domestic relationship and DV Act, 2005 has relief’s available to get “protection orders” for your aunt as well as for  two children as alleged facts narrated in your brief before us spells that clearly. Rest other Acts / Codes usage I reserve rights to advise at such early stage.



2.
However once she puts relief papers before concerned Court under DV Act immediate safety, security arrangements for her and two children needs to be ensured by her side of family against any kind of retaliation from your uncle side till concerned Court 'prime facie' grants her interim relief’s under The Act, 2005. It may take 1 month to get relief to probably 6 months to a year and all depends upon Court backlog of cases. Further the moment she opts for DV Act and or knocks at door of Court be it so under any other Code and or Act this more than a decade old marriage will no more remain 'sacrosanct'. But that should not cloud once judgment not to opt in for reliefs from Court under DV Act.



3. Discuss / deep think and take action against alleged acts of Domestic Violence accordingly keeping in view larger picture not short cut measures as question of a woman's sacrosanct marriage is at stake and then welfare of minors are also involved.


It is like choosing between demon and deep sea but then a final call has to be made to preserve precious lives of persons including minors’ safety, security, livelihood and long term sustenance, we can only tell above three advises and the “go ahead” call needs to come from aggrieved lady (person) without any external influence and or coercion read with emotions and sentiments.


Intensity and or alleged acts of Domestic violence does not differentiate between illiterate and highly educated aggrieved persons living in a domestic relationships across the world.

Subodh Kumar (NA)     04 March 2012

 

thank you so much @ Democratic Indian and Tajobsindia for providing valuable opinions.

Yes, I do agree that it is very difficult situation to seek the door of courts and for that reason we were trying to avoid it. Certainly I will discuss your opinions with my elders.

Today, I realise that how much importance education have for a woman. Had she been better educated or working women she could have lived life of dignity. It is her destiny to bear every form of crulety just in the name of marriage.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     09 March 2012

No one should be expected to tolerate violence.

 

Lodge police complaints whenever any violence happens again.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

1 Like

Devesh A. Bhatia (Advocate)     28 May 2012

I agree with esteemed opinions shared above. I would strongly suggest that while filing the complaint you should be careful while mentioning that she is been tolerating the violence for past 15 years. Courts dont see it i a good manner and the condonation of the cruelty and violence becomes the ground of not getting the releif. 


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