domestic violence

Querist : Anonymous (Querist) 07 January 2011 This query is : Resolved
when a girl married in a town in bihar comes back to her parents in UP 50 to 60 days after marriage due to mental torture and indecent/obscene demands from in-laws and husband and not feeding food or snatching away the food at the time of meals, now doesnot wat to return back to her marital life. Father has emptied all his savings and paid up as dowry. he has made one bank transfer to the grooms's parents and the rest has been through cash withdrawals from the ATM.

1. what are the legal options and procedures available for the girl and her father? please advise.

2. Can her dowry amounts in some form be termed as Stridhan?

3. Can the father give a declaration that all monies/jewellery/other valuables & gifts that he had given to the groom's parents was for the duaghter's independence and comfirts in the marital house?

4. Do they need to now register an FIR in the local jurisdictional limits in Bihar in person or can they send it by post?

5. Can they report domestic voilence through some local protection officer to the local magistrate?

please advise the right procedure and steps.

I feel very sad for this young girl and would like to help her as much as possible.

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Arvind Singh Chauhan (Expert) 07 January 2011
1. She may lodge FIR for the concerned offences. In addition to FIR she may file complaint under DV ACt. She may ask maintenance under Sec 125 Cr.P.C. also.

2. Yes it is stridhan.

3. Yes.

4. girl can lodge FIR for cruelty at Bihar only but if any threat is given through phone or other means she may lodge in UP also. FIR may be through post also take the help of Crime against women cell.

5. She can file complaint for domestic violence through protection officer or directly to magistrate in UP.

Guest (Expert) 07 January 2011
NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE
MOBILE.09960223100, 09271971251
e.mail.advocatesawantnb@yahoo.com
e.mail.nandkumarbs@sify.com.

REGARDING THE HARASSMENT OF MARRIED WOMAN KINDLY NOTE THAT.
1.IT IS A FACT THAT HARDLY 50 TO 60 DAYS SHE STAYED AT HUSBANDS HOUSE.
2.DUE TO HARASSMENT SHE CAME BACK.
3.KINDLY NOTE THAT AS HER MARRIED LIFE WILL BE COMPLETELY DISTURBED SHE SHOULD FIRST TRY FOR ANY COMPROMISE IF POSSIBLE .HER PARENTS AND FAMILY MEMBERS SHOULD DISCUSS THE MATTER WITH HER AND HER HUSBAND ALSO. THEY CAN SORT OOT IF ANY MINOR PROBLEM IS THERE.
4.BUT IN CASE IF THERE ARE NO CHANCES OF COMPROMISE THEN, SHE IS ENTITLED
A. TO CLAIM MAINTAINENCE UNDER SEC.125 OF CRPC.
B.TO CLAIM MAINTAINENCE UNDER HINDU ADOPTIONS AND MAINTAINENCE ACT SEC.18 AND OTHER PROVISIONS AS PER HER STANDARD OF LIVING.
C.SHE MAY FILE APPLICATION UNDER PROVISIONS OF SEC.12 AND OTHER PROVISIONS OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT AND CLAIM MAINTAINENCE AND ALSO PROTECTION ORDER AND SHARE IN MARRITAL HOME.
5 IN CASE THE DISPUTE IS BEYOND COMPROMISE THEN AT PROPER TIME SHE MAY FILE PETITION FOR DIVORCE UNDER SEC.13 OF HINDU MARRIAGE ACT.
IN CASE ANY FURTHER HELP IS REQUIRED KINDLY WRITE AND SEND DETAILS .GOOD LUCK.

Devajyoti Barman (Expert) 07 January 2011
1. The girl can file case u/s 125 crpc or u/s 12 of DV Act fro maintenace and fro return of stridhan articles. Case u/s 498A, 406 IPC s another option.
2.yes
3.yes
4. yes
5. No need , complaint can filed directly in the court of the Magistrate.