• Domestic violence

Dear Sir/ Ma'am, my sister got married in april last year. She had a turbulent married life since then with constant domestic abuse and violence. She is currently living with her parents and is too terrified to file any complaint or even seek legal advice for separation. Though we all are standing with her in this situation of mental trauma, she herself is trying to save the marriage and is in a confused state of mind. Can you please suggest any course of action as her husband is actually quite violent and we worry about her safety in future?
Asked 7 years ago in Family Law
Religion: Hindu

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5 Answers

Sister should file DV case seek protection order against husband

2) she should also seek maintenance , alternative accommodation from husband and compensation for mental torture undergone by her

3) also file 498A case against husband for continuous acts of cruelty

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

First of all try to settle the matter amicably with him with the help of relatives if not possible then file a domestic violence case against him before magistrate court and claim protection order, right to residence, maintenance and compensation as per section 18/19/20/22 of Protection of women from domestic violence act 2005.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Mere chatting with other women is not an offence by husband

2) if your sister gives evidence in court that it is her fault then case would be dismissed

3) if sister wants to save her marriage better visit family counsellor with husband

4) even in DV case court refers parties to counselling to help in reconciliation

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

Dear Querist

If at any time she wants to live with him and there is any chance for saving this marriage then the matter can be refer to mediation for amicably settlement.

she has right to withdraw her case at any time. so no need to worry.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. if she wants to save her marriage she has to seek protection order under domestic violence act.

2. you should get her medical examination before sending her to matrimonial home.

3. you should take some records like voice record, whatsapp chats etc to prove act of cruelty in her matrimonial home.

4. if again some acts of cruelty is committed in her matrimonial home you should initiate legal proceeding available under different laws.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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