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saroj girdhar (assistant)     06 April 2012

Domestic violence

Dear sir

Kindly suggest me what can we do against  domestic violence as torture mentally and physically to a girl in her husband' home.It is about my sister she is our yongest sister dimple  married last year on 8 june 2011 wih mr.dalip manchanda s/o mr.somnath manchanda resident of Khurja,distt.bulandshahar (up)we had performed the marriage according to their wish.but from the second day after marriage her sister in laws ms meenu and mrs sangita (who is married bt lives with their parents from last 18 years.which is not told to us before marriage).

They have made our sister totally in worse condition .Today my brother has taken her back to home in a critical condition.

 

kindly suggest me what protection can be taken by us for her.please reply it is urgent.

saroj

girdhar_rani@yahoo.co.in

contact no. 9023875822

amritsar



Learning

 11 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     06 April 2012

Dear Saroj

you should file a complaint under section 12 of Domestic violence act. 2005

feel free to call

DEEPAK ASSOCIATES (08010117611)     06 April 2012

If you want to know about protection then it very clear that protection which causes hurt, mentally torture, even rude spoken etc etec are available in the domestic voilence act. It is you which type of protect you need and what you want

saroj girdhar (assistant)     07 April 2012

respected qureshi sir and deepak sir, first of all i want to warn them through some valid warnings in written .And about me presently i live in amritsar and my mom's family is in moradabad UP.kindly suggest me what i can do from here .as father is expired and mother is not well nowadays.brothers are younger to me.

pl tell me what type of notice or message we can sent them or can i get any help from ur side.if yes i can avail u all information wht is required.

pl suggest.

saroj

DEEPAK ASSOCIATES (08010117611)     07 April 2012

As per Section 4 of DV Act any person who has to believe that an act of domestic violence has been, or is being, or is likely to be committed, may give information about it to the concerned protection officer i.e. The Officer who is appointed as protection officer having concerned jurisdiction

Section 27 of DV act is related to Jurisdiction :-

(1) The court  of judicial magistrate of the first class or the metropolitan magistrate, as the case may be within the local limits or which :-

(A) the person aggrieved permanently or temporarily resides or carries on business or is employed ; or

(b) the respondent resides or carries on business or is employed ; or

(c) the cause of action has arisen,

Shall be the competant court to grant a protection order and other orders under this act and to try offences under this act.

Any order made under this act shall be enforceable throughout India"

 

Therefore, you have to approach the Local protection officer i.e. where your sister is residing now or  permanently resides. The Local Protection officer will have to help you under the law governed.


Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     15 April 2012

There is no legal warnings which work by including elders and all.

 

Why don't you look for amicable solutions to the problems. If husband and wife are happy with each other they can take a seperate residence and stay happily there.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

2 Like

saroj girdhar (assistant)     12 September 2012

r.sir,till the day of 5th april 2012,my sister is at my mom's place  and only her husband contact her for  coming back.no other person is supporting.so what should be the decision at our end.as my sister also is very afraid to live with the family as they had tortured her.

please suggest the proper solution.

regards.

saroj


(Guest)

It seems that Husband is ever ready to come back your sister in matrimonial home, discuss him if he is happily ready to live separate from his family than no problem in the matter.

It may possible to live far your sister solve family matters with her love & affection.

If you want to giva any notice than with consult of your sister Husband you can send a legal notice to them.

This notice will be formal only. Just for your saticfaction.

But it will be better you solve your problem among relatives.

ABHISHEK B (Bekaaar)     14 September 2012

Take the 4 step procedure :-

1) Involve relatives from both ends who are your well-wishers...beware there are some who only add oil to fire...avoid them at any cost.

2) Send both for some govt. aided counselling...explain there is nothing to be ashamed about..its is for the happiness of two souls who love each other.....avoid nari-niketans, women sponsored NGOs at any cost....they too add oil in fire :)

3) Ask hubby to stay in a seperate house else keep the police notified with the medical certificate (a real one with no exageration) of her physical torture.....Police might egg you folks to file 498a/DV etc....DO NOT DO IT JUST COZ THEY SHOW YOU SOME MIRAGE OF A HAPPY MARRIAGE AND MONEY...ONCE THESE CASES ARE FILED.....DIVORCE IS EVIDENT

4) If she still wants to come out of the marriage (above 3 points should take another 1 yr)......ask her to come out of the marriage amicably...OFCOURSE at that point you can claim alimony, maintenance as long as she doesnt gets married again.

Moot point is....try as far as NOT to get tangled in judiciary system for resolving matrimonial disputes....its easier to get in...but very hard to come out of it....except lawyers/police...everyone is a looser.....get out of that revenge mode.

Also remember....it always take two to tango...ek haath se taali nahi bajti kabhi.

good luck.

stanley (Freedom)     14 September 2012

They should both take up a seperate residence and stay a bit far from in laws place and live happily .Avoid getting entangled in courts since you dont gain anything expect for loosing your time and money . 

saroj girdhar (assistant)     04 January 2013

the boy's side is not ready to talk as they say ki woh ladke wale hai.his sisters had beaten my sister tortured mentally and phyisically as she came to home back she was vry afraid and she got miscarraige too.doctors denied to give her treatment.asked tht we should boost her morally first.bt for the grace of almighty she is fine better now.bt wht should be the solution for it.we dont know tht why boy is not in condition to live separately.kindly give any solid solution for it.it becomes necessary now to solve it .as time is passing.they are not giving the all qualification certificates of my sister.

pl think and suggest me . waiting for  favourable response.

saroj girdhar

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     08 January 2013

There can be no solid solution. The solution is staring you in the face.

 

If the brutality was of such nature, why you want your sister to go through it again and again. Why don't you end the marriage and look to rehabilitate her in life?

 

If you are looking for reconciliation, then go with trust and faith.

 

No court/ NGO/ Organization can appont a 24X7 police officer in their home to watch and take preventive actions.

 

 

 

Regards,

 

Shonee Kapoor

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