• Denial by police to file domestic violence case

Hello,

My father has been ill treating my mother since almost more than 40 years which is their marriage stint. Its been last 5 years that I am married and I get my mother at my house as and when my father starts ill treating and mis behaving with her.
Last time my mother was extremely frustrated of these fights and called me to take her away from these fights and hence I got her to stay with me. My father followed us and started presurising her to come along with him and also created nuisance in the building where I stay. I called the local corps but they only denied intervening as they said it is a personal family matter.
I need guidance on the following things.
- how can I legally stop my father's entry into my building
- what else should I do to ensure my mother's safety.
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 1 hour.

Lawyers are available now to answer your questions.

15 Answers

Get in touch with the CAW cell of Police and move a complaint.

Ask your mother to move a written complaint with the CAW Cell of Police. The Police should lodge a FIR and book your father for meeting out violence to your mother.

She also has the option of filing a formal domestic violene complaint in terms of the provisions of the DV Act.

Contact a local lawyer for the above.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

file suit seek order restraining your father from disturbing your possession of house and from contacting you in nay manner by emails , messages , phone calls or personal visits

2) mother can file DV case seek protection order against father , maintenance , alternative accommodation , compensation for mental torture undergone by her

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Get restraining orders from court to stop him from entering your premises.

File police complaint that your mother's life is in danger due to violent behaviour of your father. If he has tried to hurt her then it is no longer a family issue it is a criminal issue where police should interfere.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear Client,

Ask your mother to file written complain to police and take receiving, still they do not act, complain to area SP. Also complain to women cell,

Forcing women agasint her wishes not a family matter but a criminal act.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Concerned,

File a Domestic Violence complaint against your father in the court of concerned magistrate Under section 12 of the DV act and request for restrain order. YOU will 100% get the desired releif, Cops are useless they will not help .

File DV complaint at concenred, magistrate

Best of luck

Atulay Nehra
Advocate, Noida
1282 Answers
58 Consultations

5.0 on 5.0

You may file a police complaint in this regard in case Police do not take care complaint you can file Simla complaint under section 156 3 of CRPC in Criminal Court

If the building you are living in is owned by you you can stop him for any trespassing.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Firstly, your mother should seek an injunction against your dad from entering your building premises. This can be filed as an ancillary relief to any of the main reliefs of Divorce, Judicial Separation, RCR etc or it can also be filed as a separate suit. Your mother can also file a case against your father under the provisions of the Protection of Women from Domestic Violence Act, 2005 and seek protection orders against her husband in addition to the other reliefs mentioned therein.

Radhika Mehta
Advocate, Mumbai
484 Answers
4 Consultations

5.0 on 5.0

1. Ask your mother to file a case under section 498A IPC if she want peace in her life.

2. once FIR under the said section is registered your father would no more run the risk of chasing your mother anymore.

3. Then ask your mother to file case for maintenance under PWDV Act wherein your father would be obliged to give maintenance @ 1/3 to 1/4th of his income along with damages.

4. There is nothing remains in her marriage and hence she should not now spare her husband anymore.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

you and your mother can file a simplicitor suit for restraining him to cause harrassment and entereing upon your flat where you are staying with your mother. your mother can also file a case under domestic violence and can even claim compensation in the form of maintenance. no body can force anybody to reside. do call 100 or register complaint in order to create record and evidence of torture and abuse.

Devendra Singh

Devendra Singh
Advocate, Mumbai
39 Answers

4.3 on 5.0

This is my response to you:

1. Request the police to file a DV case;

2. The police have to file it, otherwise approach the DSP of the area;

3. Your mother should also file for divorce if she is living separately;

4. You can also file an FIR under IPC for breach of peace and creating nuisance;

5. Take legal steps, file divorce and obtain restraining order against your father.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

You have to obtain a restraint order from court restraining him from entering into the house by filing n injunction suit against your father provided it is not his house.

If he has assaulted or done any physical injury to her then she may lodge a criminal complaint against him

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. Police will not intervene in this. To restrain your father from doing anything that will violate your right to live peacefully you have to file a suit for permanent injunction against your father in the civil court. Also seek temporary injunction which can be granted on the first hearing.

2. Once the injunction is granted your mother's safety will be ensured.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

Hi,

You may file the private complaint in the court and take injunction orders against the father.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

1. you will have to file a civil suit for injunction.

2. your mother can lodge an FIR against the father and then the police can not deny investigation.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can take an injunction order against your father upon entering into your premises, the court shall restrain him from entering your home.

Further the mother can file a Domestic violence case and claim protection and maintenance from father. The DV case can be filed in police station or a direct complaint can be filed before the magistrate.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer