Domestic violence
Jayant Yadav
(Querist) 23 June 2013
This query is : Resolved
Dear Sir,
This is in reference to my sister, who is a teacher with Delhi Govt. She has been married to a HC in Delhi Police since Nov 1997, they have two kids boy aged 13, girl aged 10 years. Her husband has been harassing her mentally since beginning, things have gone worse in last one year, he never harms her physically but tortures her mentally. He will fight, if some colleague calls her, he keeps checking her phone and would fight for any call she recieves. When we confront him, he simply says, i was just joking. She was alloted a DDA MIG flat, but he got his name added during registry. My sister is paying EMI, kids schools fees and all other household expense, we do not know, what he does with his salary. my sister left her home in July'12 but we somehow convinced both of them to reconcile and get back for kids sake. Same thing started again in Feb'13 but this time her sisters and BILs came to our place and tried to make peace. While my BIL agrees to everything in front of others, he changes colour as soon as he is back with my sister. Now the situation is so bad, my sister doesn't want to live with her husband. The kids also do not want to live with her father. We have filled complaints in police but no action done, we even met higher officials but nothing is coming out. I have following queries:
- What action can we take legally?
- How can we ensure that he do not interrupt their lives, can we stop him from entering her home, for which she is paying all EMIs but he has his name added in registry.
- Is there a chance that court allocates the custody of kids to him against kids wishes?
- Can she claim maintenance for kids?
My sister's salary is 43000 INR, BIL's salary is about 25000.
Regards,
prabhakar singh
(Expert) 23 June 2013
What action can we take legally?
A.Divorce/Dv cases can be filled
How can we ensure that he do not interrupt their lives, can we stop him from entering her home, for which she is paying all EMIs but he has his name added in registry.?
A. Dv case MAY COME OUT TO SERVE THE DESIRED PURPOSE.
- Is there a chance that court allocates the custody of kids to him against kids wishes?
A.NO!HE WOULD NOT GET CUSTODY BUT WOULD GET VISITATION RIGHT.
- Can she claim maintenance for kids?
A.YES!
ajay sethi
(Expert) 23 June 2013
agree with prabhakar singhji
Jayant Yadav
(Querist) 23 June 2013
Thanks a lot Sir,
However we are not sure, how do we prove DV. The harrasment is mental and he changes colors everytime he is confronted. Infact in front of other people he act so naive, that he is ready to do anything to save his marriage. However we have indirect proof like all the expenses being done by my sister, EMI and kids education expenses are paid from her bank account and rest of the money is drawn from ATMs, will this help??
Regards,
Jaipal
ajay sethi
(Expert) 23 June 2013
yes it will help you in your case . you have to allege that husband is shirking his responsibilites as father and husband . refuses to contribute any money for household expense3s . wife is paying EMis of flat , school fees . meeting household expenses while hsuband salary goes to his bank account .
alos mention about his suspicious nature . constantly accuses her of having an affair , checks cell messages , qaurells with her if any one calls her etc .
state the facts of your case to your lawyer . he will waeve a story of DV and make out a strong case for your benefit
Jayant Yadav
(Querist) 29 June 2013
Dear Experts,
While we are preparing the case documentation, yesterday my BIL came after 5 days and beat up my sister, her kids called up 100 number, PCR took her to hospital, where MLC was done, which says bruises on various parts of body and tenderness on shoulder. The injuries have been marked as simple. We tried to lodge FIR but my BIL pulled some strings and SHO said, he can only file IPC 323, for which there is no FIR. He just received the complaint and asked us to leave. Now fearing for the kids and her life, we have locked the flat she was living in and brought her home. My queries are as below:
- Should we include this in our DV application? or should we approach court for proceeding under IPC 323?
- How long does it typically take to get a protection order for her and kids, their school starts from Monday.
Our Lawyer is out of station and will be back on Tuesday.
Thanks in advance for your guidance.
Regards,
Jaipal
ajay sethi
(Expert) 29 June 2013
dont lock the flat . what you cna do is let your sister stay in said flat with kids and some family member . if her husband has duplicate key he will go and stay in said flat as flat is in joint names . install CCTV camera in said flat .
in dv application to be filed mention about said incoident . you can seek protection order from court .wai till your lawyer retuns then move court
Jayant Yadav
(Querist) 29 July 2013
Dear Sir,
Thanks for your advise. We filled case under DV act, h'ble judge passed order to send notice to my BIL to reply by 21st Sept and passed a protection order till that date. She also directed local police station to ensure that no further violence takes place.
However my BIL came to my sister's residence couple of times and threatened her to withdraw the case, as a result we submitted a complaint to local police station along with the protection order copy. He has since mellowed down. Since we have decided to part way with him, we have the following queries:
1. Should we go ahead and file divorce on ground of cruelty or should we wait till Dv case is decided?
2. Do we need to file custody for children and maintenance for them seperately or it can be clubbed along with Divorce?
3. She has two child, Boy (14), Girl (11), who want to stay with her mother, will their consent will also be taken into account while deciding custody?
4. She has been paying all instalments of the flat she is living in since begining, now only a small amount about 300K is pending. Will the ownership be decided on contribution she has made to overall cost? If yes, should we go ahead and prepay the pending loan, lest my BIl pays it and asks for 50% share.
Thanks for your support and guidence..
Jayant Yadav
(Querist) 13 August 2013
Dear Ajay Sir,
Would request your guidence please,
Regards,
Jayant
ajay sethi
(Expert) 13 August 2013
file for divorce . husband is good for nothing . no sense in remaining married to a man who does not fulfill his responsibilities . ask for custody of children . wife will get custody husband only visitation rights . wishes of children are taken into account .
dont prepay the loan now . continue to pay the installments
