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Abramchichk (Be The Change)     22 June 2012

Domestic violence

 Can a female  be  "declined Cognisance ,  she being a female", whereas i heard  with my own ears that summones be issued agaist all three accused , two brothres and bhabi. What  might have happened ????? ( DV Case ),

 Can anybody be declined cognisance , simply because she is a female, And that too when DIR clearly mentioned that the sister  was starved  continousally for a year and was reduced to a 37 kg from 70 kg. Plus. ?????



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 5 Replies

SOUMITRA SEN (SR MANAGER)     23 June 2012

DV cases can only be filed against "Male" members of the family(Household) and NOT "Female" members.

Abramchichk (Be The Change)     23 June 2012

 Thanks. Any idea , under which Penal section case can be filed for punishing the perpetrators , including brother and his wife, of STARVING, Torturing,Beating , Harrasing, making The SISTER  live in subhuman conditions, mentally torturing her ????

SOUMITRA SEN (SR MANAGER)     23 June 2012

case can be filed U/S.498A of IPC ,but only if (1)There is demand for Dowry (2)Torture of such an extent which can endanger her life and limb or may drive her to commit suicide.any ordinary torture will not attract this provision.First try out Counselling.Pls remember don't file false cases.The Husband can retaliate by filing Divorce case.Try to avoid litigations,it will go one for years together.Try talks through common friends,relatives to amicably settle the matter.Going Legal should be the last option,not the 1st.Remember the moment case u/s.498A is filed,be prepared for breakup of family and consequential repurcussions.The Wife can also come out of abusive marriage by filing for Divorce on ground of Cruelty.

Abramchichk (Be The Change)     25 June 2012

But victiM is THe  UNMarried SISTER and this is  the last resort, everything else has  failed.FaMily is already broken. And VictiM  has been rendered penniless.

Could you  suggest , the section for life threatening torture , and confineMent and starvation of a UNMarried sister  , in fathers house , by brother and his wife ??

SOUMITRA SEN (SR MANAGER)     25 June 2012

under the DV act one can apply for

1)Restraining order(u/s. 18 of the Act.)

2)Place of Residence (u/s.19 1 f of the Act)

3)Payment of monthly maintenance( u/s.20 of the Act).

4)Pay compensation and damages for Injuries and emotional torture & distress(u/s.22 of the Act)

5)Ask for Ex-parte hearing( u/s.23 of the Act.)

Consult a Good Lawyer to follow the procedures correctly and completely .

 


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