Domestic violence act
MD WAKIL
(Querist) 19 December 2015
This query is : Resolved
My sister in law has been tortured mentally ,physically since her married lifeof12 years ,recently her husband beat her in such a manner that she received 16 stitches and 4 broken teeth.The problem is compounded because her step mother comes and fight with her instead of supporting her ,her in laws knows that if they kill my sister in law,no body would turn up to question them.She has a daughter aged 8 years and a 5 year son.She wants to lodge a case but she is afraid that she would be thrown out from her husband home and her step mother would want her to die than to come home,what legal remedies are available to her ?
SAINATH DEVALLA
(Expert) 19 December 2015
Reacting to her pathetic situation as per the query,if she wants to live for some more time,she better approach women's organisations to assist her.Instead of bearing such cruel life at the hands of her husband and inlaws and step mother,nothing wrong in giving a complaint for physical harassment.But how are they treating the children?
MD WAKIL
(Querist) 19 December 2015
The girl child is not treated well,she is forced to do household chores ,quarrelling all the time in front of children happens everyday,the boy child is pampered but the girl child is ignored.is there way out to give ultimatum to them.plz guide
Adv. Yogen Kakade
(Expert) 19 December 2015
I agree with Mr. Sainath, what is the point in staying with such husband.. There are so many provisions in law for her to send them behind bars and even to get the money sufficiently for the rest of her life and even for upbringing of the kids.
So go ahead and teach them a lesson of lifetime.
Adv. Yogen Kakade
Jurycon Incorporation
Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in
020-65248888
MD WAKIL
(Querist) 19 December 2015
We are willing to file a case but after the registration of case,her in laws would not let her stay in their home and her step mother would not welcome her what about the children,can alternative accommodation be provided at nominal expense,my sister in law lives in Gaya, any one who knows good lawyer of Gaya ,kindly post the number
Advocate Shakila Shaikh
(Expert) 19 December 2015
First of all go to the local police station with all the medical records and lodge a FIR, if the assault on her caused 16 stitches and broken teeth then police will take care of the husband and the Mother Inlaw.
If the women is scared for her life and safety she can go to her Mothers place and file DV case there claiming domestic violence and praying for Protection, Residence and Maintanence Order for her and her children. If she was beaten and tortured then she should stand up if not for herself then atleast for her children. She can even approach any NGO working for women.
MD WAKIL
(Querist) 19 December 2015
Her mother is STEP MOTHER and she wants my sister in law to bear the torture and insult and refused her to take her home .
MD WAKIL
(Querist) 19 December 2015
Her mother is STEP MOTHER and she wants my sister in law to bear the torture and insult and refused her to take her home .
S.B.adil rahman
(Expert) 20 December 2015
I think Advocate MS Shakila Sheikh has made all the points clear. There is nothing more than what she had already stated. In matrimonial disputes or domestic violence there are ordinarily four cases. one is police case u/s 498A IPC if there is any unlawful demand for any valuable thing. the 2nd one is under PWDV Act i.e u/s 12, 20 and 23. The third one is u/s 125 Cr.PC and the 4th one is for Dissolution of marriage or Divorce. The 5th may be for the custody of children.The immediate remedy for financial support is under PWDV Act. The coercive and to punish the guilty is section 498A IPC.
Rajendra K Goyal
(Expert) 20 December 2015
Agree with the expert S.B.adil rahman.
K.S.Srinivas
(Expert) 24 December 2015
I go with the Expert Sri S.B.adil rahman.
MD WAKIL
(Querist) 01 September 2018
Respected advocates,thanks for then advices .
I am from Kolkata and will be leaving shortly in a day or two to Gaya to bring my sister in law to bring her back to our home.Her stepmom would not let her to stay with her and her in laws does not want to keep her .
I fear that if I go to her sasural , ofcourse ,her sister will,accompany me,they might file false complaint against me like trespassing ,theft etc.Should I go to police station and file general diary before going to her sasural.
Kindly help with your opinions.
