Hi this is Pradeepa from Bangalore, My sister was physically abused by his husband regarding family maintenance we have now lodged NCR. This is a 7th time he is abusing my sister whenever she ask a money to maintain family he could physically abused like a animal everytime we keep calm and done panchayat in front of the yelders but after a few those he was continued same habits. He has taken all jewelries what we had given to her when married. Like this on 19th may again he physically abused my sister and escaped then I had taken my sister to hospital and taken treatment and went to the police station to file a dowry harassment case but police officers guided to us to do advice him and taken NCR about physical abuse. Still they are very arrogant and they are blaming my sister. Now what should I do please help me with proper suggestion.
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1)sister should file police complaint under section 406, 498A of IPC against her husband for dowry harassment and return of her streedhan
2) file DV case seek maintenance, alternative accommodation , compensation for mental torture , protection order against husband
3) if police refuse to register FIR under section 498A file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
Hi Pradeepa, You need a lawyer to take your case to court and get direction for FIR to be filed for further investigation. You can meet me to discuss more on this issue.
Thanks,
Ad.Niranjan,
Mobile - .
The police cannot refuse to take the complaint as per their will and wish.
The police have to record the complaint given by a woman with regard to the harassment and physical assaults done by her husband especially when she is seen to be injured.
If the police is not responding properly or not cooperating , your sister may either approach the commissioner of police directly with a similar complaint seeking his/her intervention and direct the local police to initiate proper legal action on the complaint.
If the above step is also not fetching any fruit or is turned out to be a futile exercise, then she may approach the judicial magistrate court with a complaint under section 156(3) cr.p.c. seeking its direction to the concerned police to investigate the matter under complaint and initiate proper legal action including registering a FIR.
