Attempt To Murder By Husband
Vishal
(Querist) 27 July 2018
This query is : Resolved
My sister got married in 2007 and since her marriage she is facing the domestic violence. In 2010 at the time of the birth of her first girl child her husband tortured her badly from the time of delivery as he wants a boy child from her, he even hostage her in home and beat her badly in the fear of which we called her to come to our home with her child here she lives till 2014 in which she went to women commission who further transfer her case to PO then the case went to the court but the time when the case date was about to come they come to meet my father to solve the situtation out of the court as she wants to settle down again on the verge of the future of her daughter they withdrawn the case. As soon as he takes her back he agai after some time started to tourted her and forcefully makes her pregnant and in 2015 she gave the birth to another girl child again thier wish of baby boy was not fulfilled and they again started tortured her badly we have to send all the money to her to meet her expenses since than till now he is physically and mentally tortured her. In May he hits her badly with the stick and smashed her head on ground after which he tried to kill her by pressing her throat to which somehow she managed to survive she is now living with us with her two girl child. She dont want the divorce but wants to know the remedies police is not filling FIR as they just said they will conduct a counselling with her husband she is in deep depression we dont know what to do as we filled a DV case they r not coming from the last four dates they somehow managed to stop the delivery of the summons. Please help and suggest
Vishal
(Querist) 27 July 2018
My sister got married in 2007 and since her marriage she is facing the domestic violence. In 2010 at the time of the birth of her first girl child her husband tortured her badly from the time of delivery as he wants a boy child from her, he even hostage her in home and beat her badly in the fear of which we called her to come to our home with her child here she lives till 2014 in which she went to women commission who further transfer her case to PO then the case went to the court but the time when the case date was about to come they come to meet my father to solve the situtation out of the court as she wants to settle down again on the verge of the future of her daughter they withdrawn the case. As soon as he takes her back he agai after some time started to tourted her and forcefully makes her pregnant and in 2015 she gave the birth to another girl child again thier wish of baby boy was not fulfilled and they again started tortured her badly we have to send all the money to her to meet her expenses since than till now he is physically and mentally tortured her. In May he hits her badly with the stick and smashed her head on ground after which he tried to kill her by pressing her throat to which somehow she managed to survive she is now living with us with her two girl child. She dont want the divorce but wants to know the remedies police is not filling FIR as they just said they will conduct a counselling with her husband she is in deep depression we dont know what to do as we filled a DV case they r not coming from the last four dates they somehow managed to stop the delivery of the summons. Please help and suggest
Guest
(Expert) 27 July 2018
Fake story. If he smashed her head, she should be dead. Who will strangle a dead body? You should contact raju hirani... he did recently one fake movie SANJU.. he will like such stories.
Vijay Raj Mahajan
(Expert) 28 July 2018
Your sister should file for divorce on the basis of all the evidence that is available of cruelty inflicted on her through out these years by the husband and seek maintenance during the pendency of the divorce case for herself and her two daughters as well Permanent Alimony and Maintenance after the finalisation of the divorce case. The evidence if found strong enough of all the acts of cruelty, definitely the divorce will be allowed.
As far domestic violence complaint etc. is concerned that is mere waste of time nothing more.
The Criminal Complaint under section 498A IPC etc. won't go ahead as rightly told, that mediation and conciliatory process conducted where both parties are made to either re-unite and live together or the divorce by mutual consent should be worked out.
The divorce by mutual consent , no doubt is best way out of the failed marriage but the wife and minor children should be financially compensated for their future by the husband than only that can be worked out. Even during the divorce proceedings filled by your sister this can be done through Mediation and Conciliatory centre in the District Court by the Family Court which in any case will be done by the Presiding Judge of the Family Court to resolve the matrimonial disputes amicably.
In any case the marriage is failed and need to be dissolved to bring peace of mind for you all.
Sudhir Kumar, Advocate
(Expert) 30 July 2018
police is right they will try counseling before FIR. SO let this happen. Such like persons do behave in counseling that they are able to prove that FIR has no alternative.
Lalit Saxena
(Expert) 10 August 2018
Hi Vishal,
Some useful information i would like to share with you regarding you Case, given below,
1- if had file the case then without written communication and court interference you should not get back your Complaint.
2.There is no any way to stop summons for any ordinary person or without given extra effort, which is not possible in normally.
3. if you are facing such kind of issue you can contact to the local Women protection NGO which can help you to get a better resolution, and media as well.
try to do something different instead of wasting time for the common problem in our system.
For sure you will get justice shortly.
