• Husband beating

Sir, my husband is beating me for last 6 yrs. I have 2 kids5 yrsgirl and 1 yr.boy. recently he had beaten me and I had stitches on my head. I injury cud be very serious. But my luck.i went to SHO. He didn't do anything. I went to NGO. They asked me for FIR or notice. My big mistake...i chose notice to come for counselling. Today it's been 8 days. Notice not reached yet. Then i told asha jyoti ngo police station to loadge FIR. They refused saying that since notice process has not completed, they cant file case. Then, I went to mahila thana lohia nagar. They took an application from me and denied to loadge FIR since they want counselling first. they are saying that they have many cases pending, my turn will take time for our counselling. Sir, I am firm to loadge FIR against him for sure and that too as soon as possible. He has left me and kids in our rented apartment and not giving any financial support. He is living with his parents. Pls let me how can I do this. Can any lawyer help me file FIR?
Asked 8 years ago in Family Law
Religion: Hindu

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11 Answers

Mam, its really annoying to know that no one is filing FIR.. Get your medical done.. You can file a complaint directly to court .. Court has a power to direct police to lodge FIR under section 156(3) Crpc ..hire a advocate in Ghaziabad district court .. He will ready your complaint ..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

If local police is refusing to lodge FIR complain to commissioner of police against refusal of police to lodge FIR

2) you can also lodge private complaint before magistrate under section 156(3) of cr pic to direct police to investigate and submit report

3) you can file application for maintenance under section 125 crpc if you are unable to maintain your self

Ajay Sethi
Advocate, Mumbai
99824 Answers
8148 Consultations

They cannot deny lodging of FIR on the basis of the complaint moved by you. The Supreme Court in the case of Lalita Kumari has held that it is mandatory for the Police to register an FIR where commission of cognizable offenses has been alleged. Thus, they cannot turn down your request and deny lodging a FIR in the matter reported by you. So, pls go to the police station again and try them explaining the point I've mentioned here. Even if that helps, send your FIR/complaint to the SP through a registered or speed post. He may take an action. However, even if this helps, move a complaint before the Magistrate under section 156(3 CRPC.)

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

1. It is time for you to engage a lawyer and file a criminal complaint under 156(3) CrPC to seek directions of binding nature to police to lodge the FIR. Police will then have no choice.

2. Apart from filing a FIR, you may also file a DV case to seek maintenance from him for yourself and your children.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You should file a complaint case in the court of Chief Judicial Magistrate to give direction to the local PS to lodge an FIR against your husband .

2. There are free legal aid service in each district and they will help you in filing the case.

Sushil Jha
Advocate, Patna
283 Answers
5 Consultations

You must be having some proofs of the treatments that you have gone through..bills, medicine slip, .. They cannot deny you the medical report... 2) yes you can go ahead as procedure under section 156(3) is there when police fails to provide adequate relief or the evade from conducting investigation..3)Also file maintainance application US 125 crpc to claim maintainance allowence from your husband.. 4)a husband has a legal duty to maintain his wife , you will get maintainance for sure through court.. 5) custody of children will be with you only as they are still very minor...kindly consult over phone for better and detailed consultation

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Dear Querist

my opinion on your queries are as under:-

1.can I still go ahead with lawyer as you said, inspite of submitting application in mahila thana.or i shud wait for their call?

Opinion:- immediately file a criminal complaint against him for domestic violence and claim protection, right to residence, maintenance, child custody and compensation as per section 18,19,20,21&22 of Protection of women from domestic violence act 2005.

2. I am in hurry bcz I am living alone with kids and that too without adequate money. Till the time matter is not settled, can i ask my husband to provide Finance for daily needs. I am housewife.

Opinion:- as above.

3. Children custody will go to whom? Kids 5yrsgirl and 1 yr.boy.currently they are with me and he has not shown any interest to know whereabout of children for last 9 days.

Opinion: the custody will remain with you and he can get only the visitation right.

4. What will be the process if I go ahead with lawyer?

Opinion:- contact a lawyer who deals in matrimonial cases and file domestic violence case and maintenance case under section 125 of Cr.P.C. and proceed further as per advice of your lawyer.

Nadeem Qureshi
Advocate, New Delhi
6348 Answers
302 Consultations

You are entitled to your medical reports

2) you can't wait indefinitely for Mahila centre to take action on your complaint

3) file application for maintenance as advised earlier

4) you would get children custody

5) contact a local lawyer and file for maintenance

6) fie, complaint under section 156(3) of cr pc as advised earlier

Ajay Sethi
Advocate, Mumbai
99824 Answers
8148 Consultations

Hello,

A lawyer can help you in writing the FIR so that maximum charges are invoked by the police, yes you can get the copy of the medical report.

File the FIR on urgent basis

you will have to claim maintenance be filing a case under section 125 Cr.P.C.

You will also have to claim the guardianship and the custody of the child, which usually goes to the mother.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

If the police is refusing to register FIR on yor complaint, you may aproach JMFC court within your jurisdiction with an application under section 156(3) cr.p.c. seeking the court's direction to the concerned police to register FIR or to initiate proper legal action against the culprit husband.

You may ignore the notice sent to him because it may not fetch any fruitful result.

Get your medical examination done and secure the medical reports including the case history.

T Kalaiselvan
Advocate, Vellore
90026 Answers
2497 Consultations

You can engage the services of a lawyer on further issues.

Let the complaint with the Mahila police remain and the action may be taken by them separately.

You can file a maintenance case under section 125 cr.p.c. before the judicial magistrate court seeking maintenance.

Besides you may file a DV cae.

Let the children remain in your care and custody, if he wants children custody he may file a case in court which you can challenge properly on merits

T Kalaiselvan
Advocate, Vellore
90026 Answers
2497 Consultations

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