Atul (Agent) 01 May 2014

Brutal domestic violence

Hi Sir/Madam,

I am writing here on behalf of my sister (40 years). She is married since 18 years.

Issue -

1) Her husband is a drunkard and also addicted to drugs.

2) Now and then her husband use to beat her brutally and her kids.

3) He forces my sister to have physical relationship without her consent,

4) He also abuse her and threaten her to kill her and kids.

My sister and her kids want to -

1) My sister and her kids does not want to live with him anymore.

2) Issue is that My sister is not earning and her kids are between the age of 10 to 17 years. She is dependant on her husband for her monthly expenditure.

Action she has taken till now -

1) She has called police trice, they took her husband everytime and then left by giving warnings. But again he did the same, no improvement.

From last 5 years this situation is going out of control. We really do not know how to control it or what is the solution?

Please guide us it would be a great help!

Warm Regards

Atul Sharma

Reply Follow

4 Replies

Laxmi Kant Joshi (Advocate ) 01 May 2014

Atul tell to your sister to file dv case against her husband in the court seeking relief u/s 17,18, 20, 22,23 of DV act , keep all proof with you like police complaint copy , had she done her any medical in govt hospital of her injuries caused by beating by her husband if yes keep it, it is a strong evidence , if you don't have , doesn't matter you file the case do not leave the devil , where he is working in private or govt. ? , remember always don't file the divorce , get all relief from this act .

kalidas s. pote (Advocate) 01 May 2014

dear atul,

ur sister can file DV Case and claim for maintenance for herself as well as children. And the same case she can pray for alternative home or if any property in the name of the her husband, she can claim on the same.

Atul (Agent) 01 May 2014

Hi Mr. Joshi,

Thanks, I appreciate your kind help!

1) Husband sells clothes very small level private business.

2) Earlier also he has beaten her but due to social stigma she did not take any action not even she went to hospital for medicals.

3) As of now he has sold all his lands in his village as he is a drug and alcohol addict. He only has a 2 BHK home in his village. He has also sold my sisters jewellery to fulfill his addictions. He does not even have any bank balance at all.

Could you please elaborate about "court seeking relief u/s 17,18, 20, 22,23 of DV act".

How to proceed further for the DV and normally looking the scene how long (an average time) will it take to get DV.

Thanks again,

Atul Sharma