Advice on domestic violence against my sister by her in laws
3 years ago
My Sister is married since 2012, she is facing domestic violence (mostly mental torture but sometimes physical) from her husband and in laws regularly, my sister is suffering from psychologically and physically. They are not allowing her to talk to us by keeping her mobile away and threatening of adverse consequences. They are regularly threatening for separation. Since my sister has three daughters and no job etc. separation would be devastating for her. kindly advise what can be done to help her.
Anjana Rana
Responded 3 years ago
1. Assuming this is related to dowry demand then, you can directly register FIR in police station for domestic violence under section 498A of IPC.
2. In every district there is a protection officer you can consult him/her and file a complaint under Domestic Violence Act. The protection office will prepare a report called as Domestic Incident report and he will further investigate the matter.
3. You can directly file a complaint case in competent court of you local jurisdiction before judicial magistrate 1st class. Generally the concerned court provides several benefits to aggrieved person.
a. Court may pass restraining order i.e. for protecting further violence.
b. In case there is no alternative accommodation court may pass order for aggrieved person to live in share household with protection. If the aggrieved person doesn’t want to live in shared household court may order to provide alternative accommodation.
c. Court may pass order of monetary relief i.e. compensation for medical expenses of any other damage arose due to domestic violence.
d. Court may pass interim order related to maintenance for daily expenses.
Mural Krishnan Sanjeevi
Responded 3 years ago
Asha Bhuta
Responded 3 years ago
You, your family, the society and only help to mediate and pacify the situation.
Priyanka Garg
Responded 3 years ago
Shreesh Chadha
Responded 3 years ago
No one should stay in an abusive relationship. Staying in that relationship is more harmful than separation.
Bhandari Law Firm Advocate & Attorneys
Responded 3 years ago
If your sister do not want to live desperate then she may seek protection onrder form court and may stay in the same house.. for seeking protection order she have fiel DV complaint in your local court and Coury will provide protection order to you sister as well as maintenance also.. husband can not escape forlorn hoe legal as well moral obligations for maintaining his legally wedded wife and kids.
For more information you may contact.
Gunjan Bhardwaj
Responded 3 years ago
And after that with the help of your legal consultant make a compland, and register that compland to nearest police station and women cell.
Rahul Jamdhade
Responded 3 years ago
Under section 12 of the domestic violence Act your sister can file private complaint to judicial magistrate first class within the jurisdiction your sister is living and also lodge FIR to the concern police station under section 498 A
You can also seek protection order,
Shelter for her, maintenance for her and her daughters(if daughters are minor)
If her husband do not give custody of her daughter's then custody of daughters can be sought from order of J.M.F.C court.