Hi One of my Frnd got married on 28Feb’17 (arranged marriage) , at the time of marriage her husband was working in Kolkata & in laws house is in Delhi so after marriage both landed to Delhi as husband has taken a leave of around 15 days for marriage and came to Delhi, her first nyt with her husband turned to be nightmare he came in the room and didn’t even bothered to talk and just started physically using her even she denied several times but he didn’t stopped and kept on repeating I am your husband I have full right over you etc that time she consoled herself thinking that things might get good in future on 15th March her husband gone back to Kolkata but a biggest grief took place in her life when on 18thmarch’17 she lost her father in an accident who she was most closed to, her husband came from Kolkata & like everyone I too thought he will understand her but things got more worse as all the 8days he stayed with my frnd he fought with her on a such a days when she was already in stress after 8days he went back to kolkata & he came to Delhi permanently in June he was transferred to Delhi but by this time a huge vacuum got spaced between both of them. Now my friend is not mentally ready to live with this man & wanted to get divorce but when her family came to know about her this decision nobody supported her & even beated her & tortured her to live with this man due to society reputation. They have made her to left her job & made her all contacts cut like me her manager few more friends so that she become all alone. They even made her recording stating that if she dies nobody will be responsible accept her as she tried to commit suicide becoz of torture she is facing & taking medicines from psychiatrist. We want to help her but don't know how she is like a on a house arrest now a days.. Can we make her out by making her filing a complaint in police or women commission center or is their anyway she can be protected becoz she is all alone & her family can go to any extent even owner killing & she can not live with this man too who is responsible for all this drama in her life when she is already in such trouble.She is all alone & seeking help with no idea where to start.
Lady can call Police helpline if she is detained against wishes
2) she can approach state commission of women
3) Police complaint can be filed against parents under section 506 of IPC for criminal intimidation
4) file for divorce on expiry of one year of marriage
Firstly, I really appreciate the friendship of you all, and yes there is a way by which you can make sure her wellness.
Secondly, go to her house and try to meet her though I know they won’t allow you.
Thirdly, make a written complainto the commissioner of police.
Fourthly, then file a Writ of Habeaus Corpus in the high court that you all have the feeling that she might lose her life.
Only then police will do something within one day.
I have been doing it in Delhi High Court that is why advicing you this way.
Good Luck...!
Hi,
As a friend you can move a writ of Habeas Corpus in the High Court to remove her from the place she is confined.
Also file case of 498A in the local police station.
She got married in Feb 2017 she need special permission of the court to file a divorce petition as the cooling period requirement is not met.
The Hebeas Corpus writ will give her indepance to live at the place she wish.
Dear query Raiser,
Immediately file a police compliant of Domestic Voilence against the in Laws in the nearest police station and also if required file a writ to get her back to her own house parental place.
Then file for separation and divorce if required after thinking.
Regards.
Hello,
The lade should move out of the company of this man.
She can then file a complaint against her with the police
Then she can file a case for maintenance and claim maintenance from the husband
thereafter she can also file the case of divorce
Women have ample of laws in India to use
Consult a local lawyer
She can move out of the company of husband, divorce can only be filed after 1 year of marriage
Regards
1. It seems she has entered in to a bad marriage for which she has all the right to refuse to stay with her husband and take steps to terminate her matrimonial relationship with her husband.
2. However, pragmatically speaking, she will need a shelter and job after coming out of her matrimonial house and also after getting the decree of divorce.
3. After coming out of her marital house, she should not feel like jumping from frying pan to fire.
4. If she has a shelter to stay and can get an assured income to manage herself, then she should first arrange for her said alternate arrangement and earnings then come out of her marital house.
5. Before that she should collect all evidence of the cruel acts of her husband and inlaws through audio/video recording as much as possible.
6. Thereafter she should immediately lodge a police complaint u/s498A of IPC alleging dowry harassment against her husband and in laws and file a DV case claiming maintenance, alternate accommodation and also protection.
7. If police refuses to register FIR against her husband and in laws u/s498A of IPC, she should file a Writ Petition before the High Court against police inaction praying for direction upon the police to register FIR, investigate and act based on your said complaint.
8. Thereafter she can also file a Divorce suit after completion of one year of her marriage on the ground of cruelty.
9. Meantime, she can negotiate with her husband and propose jointly filing of a mutual consent divorce petition on agreed terms which will be disposed of within 6 & 1/2 months from the date of its filing.
1. Since the woman is being detained illegally by her family members she can through any of her friends file a habeas corpus petition in the High Court to release herself. The HC will order the production of the lady before her and then set her free.
2. Once she is set free by the court she can also file a petition for divorce on the ground of cruelty.
You must file a Habeas Corpus Writ Petition before Hon'ble High Court immediately if such things have been going on!
If you have credible information regarding the harassment of this female, report this matter to CAW(crime against women) cell of the Police so that she is immediately rescued and shifted to a safer place.
Once she is rescued, she may initiate divorce proceedings against her husband, besides lodging a FIR against him for meeting out physical and mental cruelty to her. In addition to this, she can also file a case for domestic violence against her husband and in-laws and also seek maintenance from her husband for her sustenance.
Most important this at the moment is the rescue of this girl.
Yes you can file police report to the nearest police station and CAW cell as well.You can also file the writ petition before the high court of delhi for violating her fundamental rights. When she comes out, then she can file further complaint for domestic violence and divorce petition against her husband and each & every member of family.
1) You yourself can file police complaint. If the local police is not taking immediate action then file your complaint before SP/SSP at Distt Headquarters stating but have stated here in your query.
2) I then also no action is taken then approach the local judicial magistrate of the area through an application to register the complaint and to investigate the matter,
3)Alternately, move an application/petition before high court for rescue moving heabus corpus writ.
Respected mam...
Mam your friend can easily get divorce on numbers of grounds but there is someone need to support her in future prospect ...Mam the best way of that is to convince her family regarding this facts and convince them to support her as she is going through a tough time which came just because of her husband mam if her family doesn't get agree for taking divorce you can try to convince her knowns or relative ...
If all in vane in this regard and your friend had clearly made her mind just file a petition under section 13-A of HMA seeking divorce decree on number of grounds ...And also she have to file a case of 498-A of IPC for all the cruelties which is done to her by her husband as well in-laws ...Also file a case under section 12 of Domestic violence act against all family members...Along with a petition under section 125 of Crpc claming maintenance from her husband...After all these cases her husband will be on his knees ...Mam he will try to settle the case just ask a amount which your friend can easily send her rest of life ...Yes you are quite inteligente ... wright an application to SHO of her police station stating all the facts and circumstances her will help you in this case and if he doesn't write an application to women cell then you might get relief ...Mam now all depends on your presence of mind..
Thank you
Can we make her out by making her filing a complaint in police or women commission center or is their anyway she can be protected becoz she is all alone & her family can go to any extent even owner killing & she can not live with this man too who is responsible for all this drama in her life when she is already in such trouble.She is all alone & seeking help with no idea where to start. - Approach the HC and file a habeas corpus petition to get her out of the illegal detention.
Hello ask your friend to remain stay with her husband so that she may be able to collect some evidence like a video or a Photos in which it may be clear that the husband and in-laws are making harassment to her, nowadays lawyers more favouring to wife even the recent Supreme Court and High Court judgement which favours the wife so your friend may file a case in the complaint on a first information report under section 498A , for torturing and mental harassment along with this case she may also file alimony case under section 125 of code of criminal procedure and she may also filed application under domestic violence act. But before that I must say that she may collect some evidences by living along with her husband because in future if you want diverse that she must have proper evidences
Dear Querist
It will be better to approach a magistrate and file an application cum complaint under section 97 of Cr.P.C. for recovery of that lady/your friend and the court may issue the direction to police to appear before the court with the lady and if that women/your friend informed to the court regarding the same as you mention in your query then the court will pass an appropriate order, like, release her from her husband's custody or from her family members, even the court has power to restrain them to contact her in future too.
You may also informed the same to the Women Commission of area or contact District Magistrate of Noida directly or through NGO.
Feel Free to Call
If she has been kept in illegal custody in her house against her wishes, she can very well make a complaint withe the local police ans ask for protection to come out safely from the clutches of her parents or anyone who are illegally confining her in the house.
You can also lodge a complaint ion her behalf provided she agrees to it in writing at a later stage.
She can file divorce case on completion of one year from the date of marriage on the grounds of cruelty.
Yes she can file complaint to police. She can also approach the court for restraining order to restrain someone who is harrassing her. She can also approach women cell. She can seek police protection too.
Is it not okay for her to do a lawyer first then do all the needful. We will help her to do that or she can do everything by her own Taking legal actions without involving lawyer, won't risk her life more can she after complaining a file, live wherever she wants without informing anyone or not? If not to whom she has to inform.
Yes, all these can be done by a lawyer only.
Consult for further assistance...!
Lady should contact a local lawyer and act as per his advice
2) lady should keep her lawyer informed as to her place of residence
She can take the help of a lawyer or not, but she has to be firm on her decision about this.
She can initiate legal actions even without the support of a lawyer.
She can take the assistance of local police if she feels she is being threatened with dire consequences by her own people.
To file Habeas Corpus Petition before High Court, she is not personally desired. In fact, you can file this Petition and thereafter all persons including police who is responsible for house arrest of her will be issued notices by the court and they will have appeared with the victim before court. Thereafter, she will decide where she wants to reside with because she is major. I'm ready to help her by filing Habeas Corpus Petition on behalf you.
Engage a lawyer and that will sort out most of your legal issues to get her out of the illegal detention.
1. It will be good if a lawyer is engaged, though you may note that the matters in the family court can be fought personally also.
2. Yes she can live anywhere, that is not an issue.
Regards
1. She will need lawyer for filing case.
2. First of all she shall have to come out of her matrimonial house for which she will need a house to stay and also an assured income for maintaining herself and fight the case.
3. She is an adult and can leave her husband's house on the ground of being tortured.
4. After coming out of her matrimonial house she can lodge the police complaint u/s498A of IPC and also file a Dv case against her and in-laws and also can seek maintenance amount form her husband.
5. The steps to be taken by her has been enumerated in my earlier post.
6. She should follow the steps suggested in my earlier post to get rid of the mess she has entered in to in her life.
7. She can live anywhere as peer her wish after coming out of her matrimonial house with ouit informing any body.
Yes she need to appoint any local good advocate first. Yes she can anywhere wherever she wants as per her wish.
Taking help of a lawyer is always beneficial. She too can take assistance of a lawyer.
Yes, she's free to choose her residence.
1. She can engage a lawyer for sure.
2. Once she files habeas corpus and the High Court sets her free she will be free to live wherever she wants.
Yes better U can hire a lawyer first then proceeed to collect evidences and lodge a complaint in court or FIR at mahila thana