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Mental and physical harassment by husband and in laws

Querist : Anonymous (Querist) 29 February 2016 This query is : Resolved 
Sir,
My sister who is a govt employee got married (nikaah) on 14/10/2012. It was an arranged marriage.Her husband is also a govt employee. Her father is a retired govt employee. As she is the only child of her parents, her father gave her to his level best in her marriage including gold jewellery, furniture and valuable gifts. Although during negotiations, no dowry was demanded, but after her marriage, her husband and in laws asked her to buy them a car taking loan. But she refused. After this, their behaviour changed drastically. Although they did not demand for the car directly to her anymore, but they started to ignore her and treated her like an outcast. Her inlaws did not want her to live with her husband. Inspite of this behaviour, my sister did not say a word to her parents as they were aged and she didn't want to trouble them. Her husband is completely under control of his family and strictly said to his wife that she should obey his family members and never protest or object. Her in laws always plotted to influence her husband against my sister and her family and always tried something or the other to cause their fight. My sister ignored their rude and harsh behaviour and tried to be good to them in the hope that things will change one day but instead of getting better, the situation got worse. My sister gave birth to a son on 10/02/2015. But after this, they started behaving very very badly. They humiliated, insulted, harassed not only my sister but also her aged parents. Her husband is an alcoholic and chain smoker.He always uses abusive and foul language against her and her parents. Her in laws never stopped him from using such slang words. They even told her to leave his house when her son was only 3 days old. But she could not leave then as she was unwell post delivery.Due to their bad behaviour, she was compelled to leave the house with her child when he was 2 months old and live with her parents.
In these 10 mths of her stay with her parents, her husband has never stood beside her financially or emotionally in his son's upbringing. All her son's expenses have been borne by her. He never even called up to know about his son's well-being. Whenever he did so it was to threaten and abuse her and her parents. He even threatened to snatch away her son and harm them. Meanwhile her husband,mil,brother and friend came to their house and misbehaved tremendously and also insisted for mutual divorce.
After 3 mths of her leaving the house her husband got engaged to a girl but now is saying that he did not and wants my sister to go back. But still now his behaviour has not changed and he does everything according to his parent's orders.
On 26th Feb, he came to my sister's house at 1 am at night and asked her to let him in for he wanted to see his son. He said that he came alone by train. My sister doubted his intention and asked him to come in the morning. After a while she heard that stones and bricks were being thrown at their house by her husband, brother, a friend and about 6 to 8 other men who came in two cars. By the sound of breaking glass panes her 1yr old son who was then sleeping woke up and started crying. Her father who is a heart patient was also feeling unwell. She and her family got very scared and called the police. Her husband broke the lock on the main gate and was about to enter when the police came in and due to their intervention they had to leave.
Now, she is very scared about her, her son's and aged parent's safety. She is confused about what she should do now, whether to file an FIR or go for a court case ? If so, then what should be the allegations and respective IPC sections. We would be grateful to you if you would guide us on this with your valuable advice. As we are laymen regarding your advice would be of great help for us. My sister and her family is very upset, completely shattered after this incident and her parents are really worried about her and her child's safety.
Waiting eagerly for your advice,

- A worried brother
Santosh Goswami,Advocate (Expert) 29 February 2016
There is nothing to be worried. Tell her to lodge a police complaint. FIR may be registered u/s 498A, 304, 354 etc of IPC AND SECTION 3,4 of Dowry Prohibition Act.
Secondly, it is better to live separately. Thirdly, she has to decide whether it would be good for her to divorce him. From the perusal of facts, your case is good.
9555462995
Guest (Expert) 29 February 2016
Anonymous Query and No Reply
Querist : Anonymous (Querist) 29 February 2016
Thank you @Santosh Goswami Sir
Querist : Anonymous (Querist) 29 February 2016
Thank you @Santosh Goswami Sir
Querist : Anonymous (Querist) 29 February 2016
@Rajkumar Sir, actually may be due to server problem my post is getting registered twice, but still I am following this particular query. Plz ignore the previous one
Rajendra K Goyal (Expert) 29 February 2016
No reply to query from anonymous.
Querist : Anonymous (Querist) 29 February 2016
@Rajendra K Goyal... Sir, my name is Javed Aslam
Adv. Yogen Kakade (Expert) 29 February 2016
No reply to query anonymous.
Kumar Doab (Expert) 29 February 2016
Query by anonymous, so no reply.
Querist : Anonymous (Querist) 29 February 2016
Is a police complaint and FIR the same thing ?


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