• What are my rights as a woman against domestic violence?

To give context: every evening my husband consumes alcohol and starts mentally and psychologically torturing my daughter and myself, for absolutely no apparent reason. This has been the case since day one and has gotten worse over the years. Many a Time, it has turned into physical assaults and I cannot stop him. Due to the daily stress and tension, my daughter's health is quickly deteriorating. Almost every other evening I need to take her to the doctor. This is equally affecting her studies and I do not know what to do.

I would like to know if I approach the police, will there be an action that will be taken and whether he will be given a restraining order?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) file police complaint against your husband under section 498A for continuous acts of cruelty

2) file DV case against husband seek protection order , maintenance for yourself and child and compensation for mental torture undergone by you

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1. Beating child is grave criminal offence which you must protest.

2.If along with your child he beats or abuses you as well, then you can also lodge complaint.

3. Lodge complaint u/s 498A, 406, 326 IPC in the local Police.

4. The police on receipt of complaint will take necessary action including arresting your husbnad.

5.however such actions may ruin your marriage.

6. So before taking such actions you may give one final try to your marriage.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

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For physical torture and assaults you may lodge a criminal complaint with the local police.

If he is not becoming alright even after police action, you may plan to initiate divorce proceedings against him.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

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