Cruelty by husband
V S Vaswani
(Querist) 16 August 2014
This query is : Resolved
My friend who has just married this year in April is suffering extreme physical harassment almost every day by her husband who's confirmed to have an affair with a lady in his office.
My friend is now just 8 weeks pregnant and two days back, her husband again punched her nose and eyes. Additionally, he sat on her stomach in such pregnant condition and slapped her left and right. He did not allow her to go out of her home. However, my friend managed to go out of the home and she complained to the nearest police station. She did not receive FIR. The Police asked her to come next day to collect the FIR. Fearing physical torture by her husband, that night, she slept in her car in the parking area where the security personnel saw her.
The flat in which she and her cruel husband stays is in the name of my friend. The car which her husband drives is in my friend's name.
Please advise what to do. Can her husband be behind bars and can we take some action on the police who did not give her FIR?
I thank you for helping me solve my query to certain extent. However, how does she seek protection order? Is it from the court or police? Are there any sections in IPC to see her husband behind bars?
Grateful, if you could help resolve my modified queries?
Vrinda
ajay sethi
(Expert) 16 August 2014
1) she should immediatedly file complaint under DV act and seek protection order against her husband .
2) she should seek alternative accommodation and maintenance from her husband .
3) also compensation for mental torture undergone .
4) FIR lodged in local police station will help her in DV case
Adv Archana Deshmukh
(Expert) 16 August 2014
Yes, file a complaint under the DV Act and seek protection order. Interim protection can also be sought immediately and the court does give interim protection even before issuing notice to the respondent in extreme cases.
Rajendra K Goyal
(Expert) 16 August 2014
Your friend should consult a local lawyer and file DV complaint, seek protection and maintenance.
Agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 22 August 2014
Besides filing DV cases, she should follow up with the police for her complaint lodged with them, if the police is found to be ineffective, she may approach court with a petition u/s 156 (3) Cr.p.c. for direction by court to the police.
