My sister has been a victim of domestic violence by her husband. He had bad temper and fought with all. Being in marketing also had contacts with bad elements. Ten years back he was paralyzed below waist and was bed ridden. My sister and her daughters took care .But he started mentally harassing them after an year. He was vulgar with the family too. So the daughters felt insecured and stopped talking to him. But my sister continued to serve. She developed problems like BP , joint problems and stress related problems.He then suddenly started accusing her of running a brothel and spoke filthyly to her. When she rebelled he filed a police complaint that my sister and her daughters and my 76 yr old mother are harassing him and so will commit suicide. The police came and talked to both the parties. Now my niece is scared that her life will be spoilt if her father implicate them falsely and commits suicide. What should she do immediately. The courts are closed for vacation.
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1)if father commits suicide merely on basis of suicide note neice would not be convicted
2) burden of proof is upon prosecution to prove that your nice abetted father suicide
3) neice should file police complaint against father under section 506 of IPC for criminal intimidation . mention that father threatens her that if she does not follow his orders he would commit suicide and implicate her and her mother
Your sister can file a complaint agaisnt him for harassing her and the her daughters and also threatens them with suicidal threats to implicate them for the offence of abetment of suicide.
This complaint by her would be a counter to his stand and his own complaint agaisnt them.
For the present yor sister can defend herself only by such actions or she can walk out of the house and live separately away from him, let him make any allegation which may not be maintainable
1.I think there is no need to stay with this man who doesn't even spare his own child.
2.Your sister can file case u/s 498A and case under PWDV Act.
3.Because of her bearing torture silently her husband becomes so desperate.
4.Sooner she takes protection of law, it is better for her.
1. she should file a writ before the high court for protection order on the basis that her husband levelled false allegation that she is running a brothel house. her statement is sufficient because your niece will support it and no need to place independent witness.
2. on her petition the high court shall pass an order that if her husband files any criminal case then no coercive action shall be taken by the police and matter shall be investigated on the order of magistrate only. magistrate shall pass order of investigation only when her husband produces some prima facie evidence that harassment has caused by his wife, which is impossible. so he cannot file false case against her.
