LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sonia shelton   26 July 2020

regarding repeated physical violence by brother

friends I am suffering with lot of physical abuse by my brother. he shouts beats mercilessly. he often picks objects and charges to kill and stab be he shouts I'll kill you and go to jail your living in father's house I'll kill you and ensure your child goes to orphanage. he does not need a reason to fight. he beats old parents. I have a minor child. please advice. police say it's FAMILY matter if your staying with your parents you have to bear brothers parents torture don't come to us. iv just been hit on my head, though not injury, neighbor's just rushed in time. he brought gardening tools to hurt. can someone advice please.


Learning

 5 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 July 2020

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Intimidation, Grievous Hurt, Breach of Trust, Mischief etc.... against Brother, supported with all relevant supporting Documents, Evidences & Witnesses.

2.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. 

3. Before doing the above irreversible legal action, take the brother to a psychiatrist and to a Diet councellor for proper evaulation that gives rise to his violent & aggresive behaviour.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     26 July 2020

Get the guidance of Elders in your families, explain the position, if you can afford, take guidance from Advocate for a remedy.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     26 July 2020

Approach the local protection officer and file the Domestic violence case against your brother. it takes few months to get an interim  order from the court.Ask your elders to intervene and settle all the isssues for peaceful living why are your parents not intervening.

 

Dr J C Vashista (Advocate)     26 July 2020

Move a complaint u/s 12 of the Protection of Women from Domestic Violance Act, 2005 through a local lawyer.


(Guest)

Mam,

You have every right to live in your father’s house. Now, the remedy lies in seeking a protection order within the provisions of DV act. Write entire facts when violence, physical or mental was committed against you and register a case at the nearest police station. They can’t refuse you. If they lack jurisdiction, they might register Dehati Nalisi (Zero FIR). You can also complain with Magistrate, First Class or Metropolitan Magistrate exercising jurisdiction/or Protection officers (Appointed by the state, find out)/or Service providers (Voluntary Organization registered under CSA 1860 with the object of protecting the rights & interests of women) for the same. You may also seek compensation for the violence committed upon you.

Regards,

Abhishek Tiwari

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register