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?
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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
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.
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Thanks for the reply Sir. What if she changes her mind while in court and accepts that all was her own fault? I ask this because on several previous occasions, she has done the the same to save the marriage and due to fear from the threats of her husband. What we need to understand here that her husband has a medical condition and he goes out of hand in various fights. Also, there are evidences of him seen and chatting with other women.
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
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.
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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.
