Around 3 years ago I had posted regarding my sister on this forum:
https://www.lawyersclubindia.com/forum/Child-custody-from-abusive-husband-69265.asp#.VzOJ04QrLIU
After a lot of tolerence, my sister decided to move out of her husband's house and staying (with her children) with us now in Maharashtra. Soon after that, my brother-in-law came to my native place and started publicy abusing my parents on the street. All the abuse (physical/mental) on my sister, money taken from us, and gold snatched from my sister happened in her husband's home or at my hometown (both are in Karnataka).
My sister, during this one year, did not go my home town (Karnataka) fearing he would harm her or her children. But in March, he came to our home here at Maharashtra. We were feared but invited him. he took school details of children. He went after sometime. Later, he came in April once again. After sometime he started shouting and abusing my sister in our home. He also started shouting at the children. And he went back ramming the main door. This happened in Maharashtra.
Now we were really feared and contacted an advocate. On her suggestion, my sister contacted police and wrote a detailed complaint. Police did not file FIR on that day, asked us to come after a week. We went after one week, then police contacted brother-in-law over phone and asked us to come back after some days. We went to police station many times. Finally after 22 days, when we went to police station in the morning, police said they file FIR as per 498. After spending sometime, they asked asked my sister come in the evening to sign FIR. In the afternoon I got a call from police saying my brother inlaw has come to police station and they asked us also to come to police station. When we went there, police started saying they can not file FIR as per 498 and filed it under 504. In that FIR, it was written that since we did not allow him to meet the children, he started shouting at us. My sister refused to sign this saying we did not stop him meeting children. Then they modified that line. They said everything has happened in Karnataka, you will have to file 498 there. When my sister said he has abused here also a month ago, they said shouting or scolding is not abuse. I could sense the tone change between morning and evening. Police also said, he will come to meet the children.
Now we are more feared. So please help us with your expert opinion.
1. Is shouting at wife and scolding not abuse?
2. Can she not file dowry harrasment and domestic voilance case from here Maharashtra? Can we approcah higher officials in the police to change this FIR to 498 and DV?
3. Children are of the age 8 and 6 now. He is not interested in taking elder son but someone has told him that younger one is lucky and bring prosperity, he wants to take away younger son. Can my sister stop this legally?
4. What could be the reason police chaging so drastically since morning to evening?
Thank you once again. Please help us take proper steps.
