Case of Domestic Violence against my Sister after marriage
I would like to seek your kind legal advise on one of the case which happened with my sister (Nancy yesterday of domestic violence.)
She got married with Mr. Sachin Garg on 26.01.14 in Ghaziabad (Indirapuram). We are a baniya family so rituals of give and take are heavily involved. As per our initial discussion on budget everything was settled and we tried to fulfill all the things which were mutually agreed and like every other family we even tried to give things more than that.
My sister and Mr. Sachin are both working professionals, the matter started before marriage when we have requested boys side to look after the rented accommodation somewhere in south delhi because, my sister works in Noida and Mr. Sachin works in Gurgaon. But against her wish they took flat in Vasant Kunj in Delhi which was quite far from Noida and very near to Gurgaon. The guy saw his convenience of being nearer to Gurgaon completely ignoring her comfort, that is not the end whatever appliances we gave he started criticizing about everything, we also gave i10 car which he refused to drive because it is not the choice of his color.
Since my sister has joined her office she is struggling to maintain a balance between her office and daily house hold because of the distance. There is a regular daily mental torture of everything she does and also taunts her everytime of not doing anything and moreover there is no support from their end of any sort.
She is really struggling to manage the daily life and there is a constant pressure form his father and other family members to honor all the family commitments and other family rituals which she is not able to do and here starts the mental torture.
Fifteen days back we have invited sister and Mr. Sachin to our house for small poooja at our home in Indirapuram, he was not very comfortable with us and did not speak to us during his visit and when they went back to vasant kunj, he left my sister alone in the car and left for his flat. After that they both had a fight and it became worse and Mr. Sachin called my mother saying that she cannot stay with my sister and take her back, my mother strongly opposed this and told him we will not take her you have to take her responsibility do not blackmail us. In this incident his elder brother intervened and settled the dispute and resolved it amicably between them. It was decided in this meeting that Mr. Sachin will not call my mother for such things for being a old lady.
Yesterday they again came to our house and when they left the same thing happened he again criticized the shirt we gave it to him as his birthday gift and my sister told him that you always find ways to criticize and said during her fight that your father is the root cause of all problems on this he raised his hand on my sister and threatened to divorce her and again called my mother to her back saying that he cannot stay with her anymore take her back. This time we took a stand and went to her place and and I told him to mind his behavior and also warned his father for the consequences and his father said that he is not aware of the incident, then we asked him how come we are aware and you are staying just next to him is not aware of anything. Me, my mother and sister took a bold stand and took her back with some of her belongings saying that she is not safe with him today he raised his raised tomorrow he could do anything which could put her life in danger. Also we have counseled Mr. Sachin and told his elder brother who just came that once Sachin is matured enough to handle such matters then you all come to pick my sister.
Now, my concern is what are the legal remedies/rights that we can exercise from our side in case if they do not turn up to pick her up. We are also open for compromise provided, that guy assures us he will not misbehave with my sister and do not mentally torture her. We are also ready for the worst, to file a case against them in Section 498-A and report to police the incident of domestic violence. But, I would prefer for the practical and amicable solution to our problem.
Asked 2 years ago in Family Law from Ghaziabad, Uttar Pradesh
Hi, she can file a 498-A against her husband and also seek protection order from Domestic Violence act, but one thing is that when the matter will go to the court and police station the chances of settlement is very less and ultimately she can get the divorce but here divorce is not a solution, ask both the family sit together and give kind advice to both of them and tried to solve the matter amicably and as they do not live together as husband and wife and moreover they have not completed two months of their marriage you to give time to knowing each other.
498A is not the solution . once you file 498A and husband , in laws have to go to jail or take bail they wont accept the wife back in household . best option is both should visit a family counsellor .
if situation dosent improve divorce by mutual consent is best option . Dv is an option if your sister wants to stay in matrimonial home . since both are working maintenance is not a issue . you can obtain protection order under DV if you so desire
Thank You very much Mr. Pradeep and Mr. Ajay for your response. I have few more concerns.
1) We will certainly try to amicably settle the matter between both of them, but in case things does not turn out to be positive then in that case if we file for mutually agreed divorce then how we can file for the compensation because as a female she has to go through a mental, emotional and sexual trauma. Not to forget the financial part, we have spent close to 15 lac rupees in marriage, how we can get it and what are the provisions as per our constitution?
2) Secondly, if they do not agree to accept my sister does she has the legal right to stay with her husband till the time she gets the divorce and what are the provisions in law to ensure she stays safe with him till the divorce is given.
3) Even if they both mutually agreed to stay with each other and the compromise happens, in order to ensure that he does not misbehave or torture her again can we file our complaint anywhere in advance, but we do not want any legal action on him till the time he again commits the same mistake.
Asked 2 years ago
dear client, after going through your question I feel it is not adviceable for you to proceed under 498a of IPC AS sooner u file a case police proceedings will start & they will be in great trouble which on other hand will damage the chances of compromise. for u the best way to file a complain under domestic violence act in court seeking all reliefs under the act but donot send summons on then. meanwhile u carry on trying for compromise. if compromise is reached then u can withdraw the complain after depositing compromise deed so this will become a part of legal judgement. the condition on judicial record will be more binding on them. in case of non complience it will work as evidence for u in future. in case no compromise is reached out u will be free to force those right through court with some other remedies available to u as per law
Advocate, Greater Noida
1) you want Rs 15 lakhs as marriage expenses . in case of divorce by mutual consent parties mutually arrive at settlement . if husband is willing to pay Rs 15 lakhs well and good . if he refuses to pay then you have to try your luck in court by filing for divorce unilaterally . please note contested divorces take years to be disposed of
2)in DV case she can seek right to stay in matrimonial home or seek alternative accommodation.
3)no if parties arrive at mutual compromise get terms reduced in writing and signed by both husband and wife
Thanks Avdeshji, How can we file a complaint under domestic violence act ? ensuring safety to my sister and we do not want any action against sister's in-laws at present. Right now she is staying with us in Indirapuram(Ghaziabad). In case the compromise is not reached are we eligible for any financial compensation? The most important thing I want to know in these cases what kind of defense a guy can put in order to save them as per the current law.
Asked 2 years ago
file DV case before magistrate court in area wherein your sister is staying . in said DV case you can seek compensation for mental torture undergone by your sister . also make claim for expenses incurred.
husband will deny any acts of DV . say that wife left house on her own accord . not entitled to maintenance as wife is working .
u can claim compensation, residence order, protection order & many other relief & for help in filing for same u can contact me on phone 9891507137
Advocate, Greater Noida
In order to ensure her safety your sister she needs to file a DV case in the court of the judicial magistrate and demand that the court order her husband to not to harass her physically or mentally. If the order of the court is violated then her husband can be jailed. This will act as a deterrent for her husband.
She can also seek monetary compensation for the harassment already suffered by her. In addition to this she can seek maintenance from him.
What defence he will take cannot be predicted by any of us. Needless to add though that he will refuse to accept her allegations.