• Domestic violence

Dear Sir, My sister got married 3 months before, since the day one she is facing harrasement by her husband, for the past one month she is living with her husband in abudhai,UAE. every day he is beating her mercilessly & brutally, we are fearing of her life. we want bring her back to chennai legally. what is the procedure i need to follow.Please help me.
Asked 3 years ago in Family Law from Chennai, Tamil Nadu
Religion: Muslim
1)when husband has physically assaulted his wife she should first lodge police complaint against her husband .

2) go to doctor  or hospital and obtain medical certificate regarding her injuries. 

3)she must be having her passport in her possession .she can book her ticket and come back to india . 

4) if she dosent have go and meet indian high commission officials and request for assistance in the matter . take police help for retrieval of her passport .
Ajay Sethi
Advocate, Mumbai
27360 Answers
1487 Consultations
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your sister is staying in abu dhabi . she should go to nearest police station and complain about her husband . she should go to Indian consulate in abu dhabi .since cause of action has arisen in abu dabhi police complaint from chennai would not be maintainable
Ajay Sethi
Advocate, Mumbai
27360 Answers
1487 Consultations
5.0 on 5.0
make a complaint in chennai and get that registered in women cell and they will issue to him for his appearance and if he does not appear they can warrant issued against him  and if required get is enforced through dubai police since through indian high commission
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1. Why cannot she fly back to India to escape the torture of her husband? If she has her passport in her possession then all she has to do is to book an air ticket to India. 

2. If she is detained by her husband against her will then it is advisable that you contact UAE embassy in India and seek its assistance in bringing your sister safely to India.

3. As of now your first priority should be the safety of your sister. Once she is back home then you may set the legal process in motion against her husband in order to punish him for physical and mental torture your sister has endured at his hands.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
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If your sister is an Indian citizen then you may move the Supreme Court in order to compel the government to safely bring your sister back.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
Registering a complaint at women cell is going to prove utterly futile as no officer of woman cell will go to UAE to bring your sister back. 

As I suggested, the only efficacious remedy under the framework of Indian law is to move the SC.
Ashish Davessar
Advocate, Jaipur
19611 Answers
507 Consultations
5.0 on 5.0
1)you have not clarified whether your sister passport is in her possession . why cant she dial police help line number ? 
2)once police complaint is lodged she can obtain copy of complaint . it will help her in filing DV case against her husband . also in divorce proceedings . 
3) contact indian consulate in abu Dhabi or UAE embassy in india
Ajay Sethi
Advocate, Mumbai
27360 Answers
1487 Consultations
5.0 on 5.0
You approach UAE embassy in India and Indian embassy in U.A.E. file detailed complaint on her behalf.
Sandeep Hegde
Advocate, Bangalore
387 Answers
101 Consultations
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why should not  you go there and take appropriate action if the matter is such a series one.
K. Mohan Kumar
Advocate, Chennai
10 Answers
8 Consultations
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do not worry it will work
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Mr. Mohan is right
Nadeem Qureshi
Advocate, New Delhi
3814 Answers
151 Consultations
4.9 on 5.0

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