Hi , My Sister got married almost 4 years now and staying with his husband and child. His husband is in good position in one big company but he has drinking habits. Every 1 or 2 month i hear from my sister he drink & beat her and also black mail her I'm going to diverse you. When we enquire him, he always lies to his parents and to me. My Parents are already passed away so he have more advantage on my sister. His parents not ready to listen my sisters compliments. I'm always give them advice but he is not changing and betting is never ending now. Last week he was very violent and my sister got injures. Let me know if there is any legal opinon for your side on this situation. Thanks Prem
1)your sister should obtain medical certificate about nature of her injuries
2) file police complaint against her husband for assaulting her
3) file DV case against husband seek protection order , alternative accommodation , maintenance , compensation for mental torture undergone by her
1) Ask your sister to make complaint against her husband under 498a and domestic violence act.
Your sister can file can Divorce under section 13 of The Hindu Marriage on grounds of cruelty.
Also, a complaint can be made against him under the provisions of DV Act for the offence of domestic violence.
If he's demanding dowry from your sister or her family, a complaint under 498a IPC, along with the supplementary sections of IPC needs to be given to the police or CAW cell.
Dear Client,
Why don`t your sister complains to police, Divorce is not easy thing and only he will suffer. Police will issue prohibitory order, he will be under scanner, and for any repetition will lend to jail.
Dear Sir,
I am suggesting the few quick actions which the woman must take.
Hi,
You have not mentioned in which country your sister is staying. In any case she can take help of the police by filing a complaint against her husband. Causing injury to someone is a serious offence everywhere including India. Your sister should take medical help stating the reason for injuries caused by her husband. In India she can take file a suit for domestic violence and if she is in USA, the laws are very strict and her husband can be punished under the existing law. Your sister can also file a VAWA Petition (violence against women Act) in USA. She can claim maintenance for herself and her child/children if any from her husband.
1) your sister must file a police complaint for cruelty.
2) Such an oppressive marriage must end. She must file divorce case in family court.
3) Kindly support your sister in this. For further legal assistance, contact me
File a complaint against him through ur sister mentione the incidents and each and every accurance of incidents to SSP to investigate
Your sister can resort to legal action by first complaining against him in the nearest police station for his acts of cruelties and assaults.
After that she can even think of filing a domestic violence case seeking protection, residence, maintenance and compensation towards the injuries and cruelties he meted out to her.
But remember that this may provoke him and he may even think of filing a divorce case, in that event she may have to defend her interests by challenging the divorce case strongly.
See you sister can file a complaint with the police for mental and physical abuse, she can record the evidence of abusing and beating and further get medical for beating and can file complaint under Domestic violence act and 498a IPC. If on complaint he will come for compromise and he ready to give in writing that he will not do such thing then the complaint can be withdrawn if not FIR can be registered.
She can seek maintenance and further residence under Domestic violence act.
File complaint before police against him for violence and cruelty and demand for protection
File divorce before family court on grounds of domestic violence , cruelty and bad habits of your husband
You can demand maintenance , separate home and protection,
Keep supporting your sister to take action against him
Because if he is not ready to understand and change then only the legal way to resolve the issue
You can approach the mediation centre In court of your local jurisdiction. Try settle dispute amicably through counselling.
Hello,
yes your sister can file a complaint against him for harassment and assault. She should have reported the crime immediately after he injured her so that the medical was done.
note that you can only report the crime if she is not able to report the same before the police and in that case she will have to accept that she has been harassed before the police.
regards
The basic solution to this problem is that your sister has to complaint to the police in case any manhandling happens with her.
There is nothing but due to the alcohol it is all happening one police report may help this and his behaviour may change otherwise he has to visit for the medical help to get rid of alcoholism
she can file domestic violence case against him. she can also claim maintenance under the said Domestic Violence Act as well as application u/s 125 of CRPC
1. Are both of them staying in India?
2. ask your sister to immediately go to the nearest Govt. Hospital or Dispensary to get threated about her similar injuries and take a medical prescription which staes that she has been afflicted with injuries due to beatings/blows etc.
3. Thereafter she should immediately lodge a police complaint u/s498A of IPC alleging dowry harassment enclosing the photocopy of the said medical prescription. She can also file a DV case against her husband.
4. If she hasitates to visit police station, then she can send the said complaint to the local police station by speed post and collect track report from the postal website.
5. If police refuse to register FIR against her husband, she can file a writ Petition before the High court against police inaction praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.
6. In her DV case, she can claim alternate accommodation and also maintenance for herself and her child.
