• Domestic violence

Hi,
I am Chandan Satpathy, from Orissa, nearby Rourkela. My elder sister aged 40 married with a person aged 50 having two sons 13 yrs old (twins). Her husband is torturing my sister and his sons mentally and physically almost every day and every time. Many a times we have tried to resolve the issues by discussion. But after few days again everything becomes as it is. One month ago he had beaten my sister badly because of children’s indiscipline. At last I and my father decided to keep her in our home to protect her from the torture. He begged for sorry and promised that this wouldn’t be repeated again. My sister and her sons also don’t want to stay with that person any more. He uses slangs and vulgar language with the children. Day before yesterday he had beaten my sister with stick harshly. Therefore I decided to bring my sister permanently to my home. Now he is threatening me that he will commit suicide and mention my name in the suicide note that I have destroyed his family. I don’t want to let my sister to bear these any more. Please guide me how to protect my sister also myself.

chandan satpathy
Asked 2 years ago in Family Law from Rajgangpur, Odisha
Religion: Hindu
Hello,
1) First of all your sister must immediately lodge a police complaint about the torture your sister had been put through and the cruelty to the children.

2) Secondly file a DV case against him before the Magistrate Court in your area. Your wife can seek protection, maintenance, residence and compensation for all her sufferings from her husband.

3)  You can separately file  a complaint to the police for criminal intimidation as he is threatening to implicate you for abetment of suicide. The report in the police station will help in setting up your defence in case he commits suicide.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi, you have to lodge police complaint for cruelty under 498/a  IPC.

2. File a petition for demostic violence and also sought for maintenance.

3. If you want file a petition for divorce on the ground of cruelty.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) if her husband had beaten your sister she should have immediately lodged police complaint against him . 

2) also obtain    a certificate from doctor regarding nature of injuries

3) file domestic violence case and obtain protection order from court . rely upon police complaint filed and doctor certificate . 

4) seek alternative accommodation from her husband and maintenance  .

5) your sister can in domestic violence complaint also seek compensation for mental torture she has undergone 

6) next time her husband threatens that he will commit suicide record the conversation . lodge police complaint in this regard with local police station
Ajay Sethi
Advocate, Mumbai
23116 Answers
1214 Consultations
5.0 on 5.0
Dear Querist
Immediately file a domestic violence case against him before magistrate court u/s 12 of Protection of Women from Domestic Violence Act-2005 along with the section 18,19,20,21,22 & 23 of Act, for protection, right to residence, maintenance, child custody and compensation.

file a complaint regarding harssment, threatening and beating before Police.
Nadeem Qureshi
Advocate, New Delhi
3517 Answers
129 Consultations
4.9 on 5.0
1. Your sister has abundant remedies under the Indian legal framework.

2. She can file a criminal case for assault against her husband.

3. This apart she can file a case for domestic violence to claim the right to protection and compensation for the domestic violence suffered by her.

4. She cam also claim maintenance if she does not earn on her own.

5. If he threatens you again during a telephonic conversation then record it and file a police complaint against him.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
1. She should have collected a medical certificate from a Govt. Hospital or a doctor practicing in Govt. Hospital after being so beated brutally,

2. With the said certificate she shold have filed a police complaint u/s498A,

3. Her husband would have been arrested for the said offence,

4. At least now let her file a police complaint against her husband's torture,

5. You should now record her such treatening over phone to commit suicide,

9. After that file a police complaint with the said evidence of threat,

10. It will insulate you from the future trouble, if he commits suicide.
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0

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