• How to help my sister and baby girl from domestic violence

My sister had been experiencing severe domestic violence from her husband and her in laws from the last 2years. They have been harassing her for birth of girl child and demanding addl dowry. 

Her husband became the sole heir after the death of his younger brother. From then the harassment has increased and they were in a thought of marrying him expecting huge dowry. 

Also they have house arresting her always to not to pass the information to anyone. 

Her husband is harassing her physically and mentally and attempting for marital rape too. 

We have escaped her on 14-06-17 as she was house arrested for three days without mobile and food. Lodged a complaint at police station but due to political influence they haven't given any importance to our Complaint. 

Later we lodged a complaint at our native place on 15-06-17 but still no action was taken. 

Pls any one suggest me to what to do now.
Asked 7 years ago in Family Law
Religion: Hindu

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6 Answers

1.it is sad that even on the wake of such extreme tortures no FIR is registered as yet.

2.ANyway meet the SP or the commissioner with a written complaint. I am sure the FIR would be registered.

3. if not then file an application u/s 156(3) crpc in the magistrate's court and then court would direct the registration of FIR.

4. You can also file writ petition against police inaction if the influence on police remain intact.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

The sections can be 498A, 406,338,339,326 IPC.

Devajyoti Barman
Advocate, Kolkata
23201 Answers
511 Consultations

if no FIR has been taken on sister complaint she shopuld lodge private complaint with magistrate under section 156(3) of cr pc to direct police to inevstigate and submit report

2) also file DV case against husband and in laws and seek protection order, maintenance, alternative accommodation , compensation for mental torture undergone by her

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

police ocomplaint should be under section 498A of IPC . if her stridhan is with in laws file complaint under section 406 of IPC too

in DV case case file complaint under section 12 ,18, 19,20 , 22,23 DV act

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

If the local police is not effective or not responding to the complaint lodged before them, then you can escalate the matter to the higher police officer of the district.

She has to give the details of dowry harassment and the cruelties meted out to her in demand of dowry and other ill-treatments including illegally confining her in the house, beating or physically assaulting her etc.

Besides this complaint she can even move a complaint before judicial magistrate court for domestic violence seeking the reliefs of protection, compensation for the violent acts against her including maintenance and residential rights in an alternate accommodation for her and her child.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

what are the sections will be considered on this case, do we expect severe punishment to the accused and any compensation to my sister and baby girl for their livelihood.

You can lodge a complaint with full description of the cruelties meted out to her including dowry demand and other acts which may include outraging the modesty of woman, unnatural sexual activity, criminal intimidation etc.

The police will frame the charges by quoting relevant sections of IPC.

She can file a maintenance case under section 125 cr.p.c. separately for herself and her child.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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