• Beating by husband

Sir,
  I'm 34 years old. I had arranged marriage. I have 8 years old son. I'm well educated and working woman. My husband is CA and he is also working in private bank but on small argument he started beating me. On 4th March, 2018, we had argument because of TV and for that small reason also he beat me. This is a third time he beats me. I really want to know the process and legal protection I can have. Should I go to police station or advocate? I don't want to register FIR against him but I want to give him warning for his action.

Please suggest
Asked 2 years ago in Family Law
Religion: Hindu

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23 Answers

1) call police helpline if your husband assaults you

2) you can also file NC against him in local police station

Ajay Sethi
Advocate, Mumbai
76816 Answers
4609 Consultations

5.0 on 5.0

Hello,

Registering an FIR would have been an appropriate action, but since you do not want to lodge the same therefore there happens to be no point in approaching the police.

You may send a legal notice to him through an advocate, thereupon giving him a last warning to mend his ways failing which you will proceed to take legal action.

Regards

Anilesh Tewari
Advocate, New Delhi
17778 Answers
296 Consultations

5.0 on 5.0

if your husband has beaten you, you are requested to write everything on paper and send it to police station by way of speed post by stating to lodge FIR on grounds of 498A, police will be bound to accept such complaint and take action.

Aveek Bose
Advocate, Kolkata
1160 Answers
8 Consultations

4.7 on 5.0

Approach the Police Station and report the incident dated 4th March 2018.

The Police will not lodge a FIR immediate, but will be counselling your husband and try to resolve this matter amicably by taking an undertaking from your husband that he will not repeat this kind of behaviour in future.

Vibhanshu Srivastava
Advocate, New Delhi
9048 Answers
165 Consultations

5.0 on 5.0

You can go to the nearest police station and file NC against him. And thereafter you also have an option of filing Domestic Violence and seek protection from the court for that you will need to approach an advocate.

Grishma Lad
Advocate, Mumbai
18 Answers
1 Consultation

4.0 on 5.0

Hi, you can file a criminal complaint of domestic violence directly in court under section 200 Crpc .. In addition you can register a FIR under 323 IPC for causing hurt

Hemant Chaudhary
Advocate, Gurgaon
4561 Answers
39 Consultations

4.9 on 5.0

You can file a NC that is non cognizable complaint with police station they before.registring FIR on complaint will give husband warning and try resolve it amicable.

If in future your husband repeats it than you can also file a domestic violence case against him.

Also a friendly advise beating and torture is very wrong in any relation so it is offence and should be punished but if you don't want to ruin your marriage and give it last chance try settling amicably.among yourself or by help of family and lastly police because dragging husband to police station can effect you marriage

If there is no change in him directly file for domestic violence case and in women Commission.

Shubham Jhajharia
Advocate, Ahmedabad
25176 Answers
103 Consultations

5.0 on 5.0

Than u should file complain to police and women cell in written. Police will warn him and if he repeats, File FIR and get him arrested.

If police do not cooperate, complain to DCP.

Yogendra Singh Rajawat
Advocate, Jaipur
20023 Answers
28 Consultations

4.5 on 5.0

1) Than just give complaint against him in the police station and they will give him few suggestions and lectures on it and plus warning job to beat you.

Ganesh Kadam
Advocate, Pune
10646 Answers
93 Consultations

4.9 on 5.0

The next time he beats you, go to the Police Station. They will direct you to the local Government Hospital in your vicinity who will record your statement that it is your husband who beat you. You need not lodge an FIR directly. You can lodge an NC (non-cognizable Complaint).

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

Police and advocate will lead you to divorce. Threaten him that you shall leave the world and if it doesn't work, threaten divorce, at-last, stay alone with your child.

Rajaganapathy Ganesan
Advocate, Chennai
1747 Answers
8 Consultations

4.9 on 5.0

Since you have mention that you don't want to register F.I.R , Then you can go to women cell and register complain regarding the problem in detail.

You have another option to send legal notice.

Ravi Kumar Singh
Advocate, Patna
52 Answers
2 Consultations

4.0 on 5.0

Dear Madam

As you rightly said, do not go to Police and register FIR.

If it happens, the relationship goes from bad to worst and may lead to irreparable break down.

Try and take the help of your family members and sort it out.

Do not precipitate the matter. Most important, do not involve external professionals viz., Advocate etc.

Get the matter settled at the grass root level, rather than going for EGO's.

Do take help, assistance & guidance of your close relatives only.

The incident might have happened on the spur of the movement, sit across the table and sort it out among yourself.

May God Bless You !!!

S Srinivasa Prasad
Advocate, Hyderabad
2460 Answers
8 Consultations

5.0 on 5.0

Madam, your son is 8 years old, which shows that you have a long standing marriage. You are educated and working woman. I also learnt from your question that it is the third time, your husband beat you. The reason being an argument over a TV channel or some such reason. Though I do not support any physical violence either by husband or wife or even by parents towards their children, reading between the lines, I have formed an impression that either it is frustration on his part, maybe at his work place or some communication gap between you two, as husband and wife. I request you to sit together and talk it out in a cool manner, without any tempers flaring up again, or get a few elders from both sides, and talk it out in front of them. As far as my experience goes, going to a police station may do further damage, and most importantly, your child's future is important and at stake.

If you still want to give a complaint to the police, please go to the local / nearest police station, give a complaint, stating what has happened, instructing them not to book a case against him, but to counsel him. This should do. But I suggest, you both should sit and talk it out, that maybe a lasting solution.

Mohd Abdul Gaffar
Advocate, Hyderabad
8 Answers

4.0 on 5.0

Madam if you wanna continue your marriage better sit and talk to him regarding his behavior. If he.still don't mend his ways then you can approach lawyer and send him legal notice warning him that you may take legal action against him. Lastly if he keeps repeating same behaviour file a case under domestic violence under jurisdiction police and also for divorce. This two must be taken step as last resort.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hi Dear client

These are small issues in every family will have these issues before going to court or police station you just speak to your husband what is his problem why the changes in his behaviour confront him if he has any office problem or whatever may be.. even if he doesn’t change towards his attitude then you can go for family counselling centre which will be available in police commissioner office so their you can go and give complaint saying all your problems so they will call your husband and do counselling and however your problem will be resolved..! For further details call me.

Koushalya Pattan
Advocate, Bangalore
174 Answers

Not rated

Respected mam....

there are two ways either you have option available to solve this problem socially or you have go to legally ...mam i would like to advice you personally that don't adopt any legal procedure to make him on his knees ...you just need to solve this situation and that can be easily possible by talking to him or convincing him for a happy married life ...mam in a legal process in a matrimonial dispute once if it goes to the legal ways the procedure of settling will be much harder ....you can simply give a complaint in your local police station and ask police for counseling ..this is solution to your problem...

Thank you

Dinesh Sharawat
Advocate, Delhi
1244 Answers
12 Consultations

4.9 on 5.0

I have come across many cases like this. It is unfortunate that your husband had beaten on just a small argument and you cannot lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. Please understand that Marriage doesn't guarantee that you will be together forever, it's only paper. It takes trust, respect, commitment, understanding, friendship and faith in your relationship to make it last. Moreover, a relationship without trust is like a car without gas. You can stay in it all you want but it won't go anywhere.

What you husband has done is grievous crime. You have a right to live with peace and with happiness.

As you don't want to file a case against you husband so you can sort out the problem amicably with the intervention of elderly people or your friends and family.

You can go the nearest police station women cell in this regard and narrate the whole situation to the police officer. The police officer can give your husband a warning to not to do the misdeeds again and if he does then he shall be liable for his actions. If you want you can also seek police protection after filing a appropriate application in the nearest police station.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
291 Answers
3 Consultations

4.0 on 5.0

Dear Madam,

Go to some women organizations and also lodge complaint with his professional statutory body that is Chartered Accountants of India. I heard that such institution immediately take some action against its members if they involve in such illegal activities. If it does not give any result then send a confidential letter by yourself by to your husband stating your feelings and also respect his sentiments and with a smart warning if he did not mould his character.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5519 Answers
192 Consultations

4.8 on 5.0

First go to a hospital and consult a doctor, as a prescription and medical observation shall be necessary for proceeding properly with the case.

File a complaint properly drafted by a lawyer with the Officer in Charge of you local police station.

Debasmita Mitra
Advocate, Kolkata
33 Answers

4.0 on 5.0

You can approach the police station or Advocate also. The advocate will file a detailed Complaint and tell you your legal recourse. You can file Complaint under Indian penal code sections as well as domestic voilence.

Prashant Nayak
Advocate, Mumbai
20464 Answers
38 Consultations

4.4 on 5.0

Instead of approaching police and getting disturbed by legal formalities including registering FIR etc, it is better you file a DV case against him, wherein the mediation may bring the desired result.

In my opinion you may rope in elders of both sides to reconcile this petty issue and take an assurance from him to not to repeat.

T Kalaiselvan
Advocate, Vellore
66814 Answers
882 Consultations

5.0 on 5.0

Every police station has a mahila mandal you complain to then

Here FIR is not registered but they will call you husband for a mutual meeting

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

4.5 on 5.0

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