• Domestic violence

I am here asking for friend who is married for about 7 years now. She is a BTech in Electronics engineering, but could not complete the course due the marriage. She has had a troubled married life but still is staying in the marriage because she has no where else to go. Earlier it was because she was diabetic and not able to conceive a child and her mother in law and husband constantly use to harass her and beat her up. Once after relentless beating she filed a complaint in the police station in Chennai (Their place of residence when the incident occurred). Whatever gold she had got through the marriage has been taken away and pledged by her father in law for his personal purposes.
About two years back she gave birth to a child and they shifted their residence to Bangalore. Initially there was happiness in their life, but recently things have taken a bad turn as he started beating her up in silly issues such as food prepared for the day and so on. He also abuses her verbally, often referring her to as "prostitute" in the local language and says that the son does not belong to him and its from 10 other men she has slept with. He also called her sister and told him "your sister wants to have sex daily, is she a prostitute". Her son was studying in pre-school but he wont pay the fees and she had to work a small job to pay for the fees and manage her expenses with medicine and so on.
Last few days has been horrific, she almost fractured her hand and had to rush to hospital. I have asked to file a police complaint again but she wont as she is afraid that he might kill her. 
He is also asking her to leave the house with their son as he can marry another woman and he was also stressing he will not give the gold and she do not dare to ask for a single rupee as alimony. She is does not want to continue in this marriage, but has no where else to go as her family wont support her much in this case. What steps should she seek that she can get support and get divorce in the future.
Asked 4 years ago in Family Law
Religion: Muslim

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15 Answers

Hello,

Ask her to file a police complaint and seek police protection at the earliest.

She can file a case for maintainance wherein she can claim maintainance for herself and for the child. She can also claim residence right and litigation expenses.

Law is by her side. Ask her to contact a local lawyer. And yes she has all the right to claim alimony from him.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

First step is to file a complaint in the Police station. Ask her to file a petition for domestic violence and maintenance in the Court. Your friend is having previous record of police complaint and medical proof of cruelty as well so it will be easier to prove it. If your friend wish to separate then ask her to file a divorce petition as well. She will get her belongings and ornaments as per the orders of Court. She is also entitled to get interim maintenance for her sustenance and expenditures during the pendency of the case. As she is having a child as well so the child is also entitled to get maintenance from his father. Ask her to seek legal remedies.

Anupam Kirti
Advocate, New Delhi
90 Answers
2 Consultations

4.9 on 5.0

1. Register a complaint, else his violence will continue and lead to irreparable damage.

2. File a DV complaint before the magistrate court and obtain residence and protection order including compensation for having suffered injuries.

3. Advise her to stay separate for some time in a place where she will get protection from the society.

4. If his attitude does not change, then if she has intent to remarry,l then she can divorce.

5. If she doesn't have intention to remarry, then let she harass him by not consenting for divorce.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

Being quite is not the solution to all this horrific problem.

1.She have to complain the police for Domestic violence under section 498A to be secure for being physically manhandled by the husband and in laws.

2. She has to file a petition in the for the maintenance for herself and child as she have no support at all .

3. She may put a complaint on 1090 for immediate help.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Wife should file police complaint against husband and in laws for dowry harassment abd for return of her stridhan under section 4906, 498A of IPC

2) also file DV case seek protection order , maintenance, alternative accommodation from husband

3) contest divorce case if any filed

Ajay Sethi
Advocate, Mumbai
87975 Answers
6207 Consultations

5.0 on 5.0

1. First of all she shall have to treat her own self as an individual human being and not a slave of her husband.

2. The mentality to surrender to the wishes of her husband is understandable from the fact that she has agreed to to complete her B.Tech degree for her marriage thus making her professionally paralysed/ondeveloped to maintain herself.

3. Now if she has decided that enough is enough, she should first arrange for a temporary accommodation where she can take shelter initially after leaving her husband's house.

4. Thereafter on the next day of such brutal beating she should leave her husband's house and go to the nearest Govt. Hospital to get herself treated and get it mentioned in the prescription that she was beaten by a blunt object or blows etc. and then she should directly visit the local police station and lodge a police complaint u/s498A and 406 of IPC alleging dowry harassment, taking away Streedhan and throwing out of her husband's house by the husband and the in laws.

5. She should first go to her parent's house or friend's house and after two days should go to her said rented house to ensure that her husband can not deny that she was thrown out with the evidence that the said rented house was already fixed by her earlier.

6. It will be ideal if you can prefix the local police and also the Doctor to ensure that they register FIR based on the police complaint filed by her backed with the doctor's prescription.

7. After that, she can file a DV case praying for maintenance, alternate accommodation and protection. She should also file a petition u/s125 of Cr.P.C. praying for maintenance.

8. Finally she can file divorce suit claiming substantial amount towards compensation.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1) We assume that your friend also belongs to Muslim religion, please state it whether she and her husband family belongs to shia or sunni caste. So it will be easy to guide you.

2) Whether she want to go for divorce as per muslim law or as per divorce act.

3) She and her son get alimony. She can get divorce on cruelty ground.

If you require more guidance please call via consultation call.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If she is not able to tolerate the tortures both mental and physical, she has to take a decision to discontinue her marriage.

She may file a petition seeking dissolution of her marriage by a decree of divorce from the court of law.

She can claim maintenance for herself as well as for her child.

She can file a DV case seeking relief of protection, residence, maintenance and return of her gold jewels and other valuables.

She can lodge a police complaint for the cruelties and also for retrieving her valuable articles.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

She should immediately report these incidents of violence to the Police by approaching the CAW(Crime Against Women) Cell of the Police, so that a FIR is registered against the husband and stringent action is taken against him as under the law.

If she's not able to do the above personally, she or you on her behalf can get in touch with a NGO or a civic rights association and seek their intervention and support in the matter.

Vibhanshu Srivastava
Advocate, New Delhi
9427 Answers
245 Consultations

5.0 on 5.0

Hi, she can file for maintanace under section 125 Crpc for claiming monthly maintanance for herself and for her child .. She also lodge s FIR under 498 A for dowry harassment

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Domestic violence was recognized in 1983 as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:

1.conduct that is likely to drive a woman to suicide,

2.conduct which is likely to cause grave injury to the life, limb or health of the woman,

3.harassment with the purpose of forcing the woman or her relatives to give some property, or

4.harassment because the woman or her relatives is unable to yield to demands for more money or does not give

some property.

The punishment is imprisonment for up to three years and a fine.

The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf.

Hence, as per law of the land , your friend should get justice by following ways:-

-- She should file a complaint to the Crime Women Cell(CWC) of her area ,after narrating all the wrong happenings with her by the husband or his family members. The lady official of the CWC will try to reconcile the matter in dispute with the husband, If the matter got resolved by the husband or he not appear before the CWC , then the complaint given by your friend will convert into FIR under various section of IPC like 498A.

-- She should file a petition under Domestic violence Act before the court , where she can prayed for her interim maintenance and also accommodation etc from the court .

--- She should file a complaint under section 125 crpc in the family court for her or child maintenance . Here the court will fix interim maintenance amount till the disposal of the case.

The filing of the case or legal steps taken by her not amounting to divorce . If she wanted to continue with the husband during the trial in the court , the court will settle the matter in her favour as well .

-- Tell her to keep medical papers or other proofs of cruelty , if possible with her ,as it would speed the relief in her support.

Good luck and dont forget to positive Rating ,

Mohammed Shahzad
Advocate, Delhi
9920 Answers
121 Consultations

5.0 on 5.0

She can file the complaint of domestic violence against her husband and in laws at the nearest police station.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

She can file a domestic voilence case as well as stay at the same house. Her husband can't drag her out and she will also get right of residence at her shared household without any hindrances. She can't be asked to go out. She needs to file a complaint with police aa domestic incident report as well as she can also directly file the same in court.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

Immediately filing domestic violence case will be better for her and she may claim protection, right to residence, monetary relief, child custody and compensation as per section 18,19,20,21&22 of the protection of woman from domestic violence act 2005.

He is bound to pay maintenance for child and herself and also liable to provide residence to her for her livelihood.

Feel free to call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. The lady should go to the nearest police station to file a complaint for 498A, 406 under Section 323 IPC. A husband and his family members retain the stridhan of wife in capacity as a trustee, which they are bound to return on demand, failing which they are liable to criminal prosecution under Section 406 IPC.

2. Apart from filing the criminal case, this lady can also file a DV case under Section 12 of DV Act to seek right to alternate accommodation, monetary compensation for the acts of domestic violence suffered by her thus far and maintenance.

3. She is also at liberty to file a petition for dissolution of marriage in the competent court.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

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