One of my aunt is mentally torture by her husband on daily basis. sometimes physically also. They have two children (a son and a daughter). their son has some serious eye problem. He can't see properly even with spectacles. I suggested her to take him to some good eye specialist and gave her some money so that she can spend that money on her children. she took him there but when she came back her husband(my uncle) start abusing her and even slapper her. I think reason is he doesn't want her to be independent. she is not allowed to take a single decision of life. she is financially dependent on him. so I don't know what to do. In the past she has already tried to stay separate from him in a different city. but it did not work for so many reasons : 1) she had no source of income. 2) He kept on visiting that place. 3) I personally feel that they don't need each other emotionally but for physical needs. in all this drama, i can see that their children specially son (as he is physically very weak and has serious eye problem as I mentioned) are unnecessarily suffering. Please guide me what should I do for their children and my aunt.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) aunt should file DV case against her husband seek protection order , alternative accommodation and maintenance
2) she should also seek custody of both her children
3)she can also file for divorce on grounds of mental cruelty, seek alimony from husband , custody of children
1. You have no locus standi in this matter and it is she who should take a stand in connefytion with her husband and his cruel acts.
2. She shall have to decide whether she wants to continue the relationship with her husband or not.
3. If she does not want to continue, she should file a DV case against him and also divorce case claiming maintenance and permanent alimony from him for herself and her son.
4. She can also claim alternate residential right and protection from the Court.
1. There is nothing you can do. Whatever is to be done has to be done by your aunt only who is the victim of domestic violence.
2. Your aunt can file a case under section 12 of DV Act to seek protection order against her husband and also claim maintenance for herself and her children. Her husband is bound to support her if she is not self sufficient.
3. If the protection order passed by the court is violated by her husband then he can be criminally prosecuted and punished on her solitary testimony.
It is for your aunt to decide about her future and also whether to continue her married life with him anymore or not.
She can decide to live separately away from him for the reasons of his physical and mental tortures.
She can file a domestic violence case against him and seek a residence separately for her and her children owing to his tortures in the present residence where they are living together.
She can claim maintenance for herself and for her children under domestic violence act and also under section 125 cr.p.c. too.
You can consulta an advocate in the local and decide about initiating proper legal action on this.
