• Domestic violence and dowry demand

Dear Sir/ Madam, My query is for my sister. She is been continuously getting physically & mentally harassed by her husband (A government employee) from day one of their marriage which took place in October 2013. He has been beating and torturing her every day for dowry and other petty issues since marriage however she was simply trying to adjust and save her marriage till date. He continuously threatens her by saying that he will kill her one day. 

Moreover, he also mentally harasses & threatens my mother (A single mother & a government employee) on phone by abusing and demanding dowry. He says that we did not give him anything during the wedding, though we did more than our stature. 

He also mentally harasses her by saying that she should not complaint against him or else she will have to bear extreme consequences. He tortures her by saying that if she complaints then he himself will commit suicide and blame her and her family for this.

Please suggest something in this regard as it is only me and my mother in the family and we are in complete fear and mental pressure.....

Regards,
Kirti
Asked 2 years ago in Family Law from Delhi, Delhi
Religion: Hindu
1. At first your sister should go to the nearest police station and file a complaint for dowry harassment and physical torture against her husband. Since your mother has also been harassed and threatened by her son-in-law she should also file a police complaint against him. He may be arrested and put on trial. Threatening to kill a person is a very serious felony. If convicted he may be sentenced to imprisonment for over 10 years. 

2. In addition to above your sister should file a complaint for domestic violence to claim protection, residence and maintenance from her husband. If he violates the order of protection then he can be jailed. It is his inescapable duty to provide financial support to his wife, which if violated can be enforced through the process of court. 

3. Do not take this torture lying down. You have ample legal remedies.

You will need the services of a lawyer to this end.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0
kirti first of all ,do not worry ,every p[problem has a solution.there are  lots of ways by which your sister husband can be brought on line ,i request you to kindly explain me in details what all your sister has suffered uptill now and then i woluld advise you accordingly.have faith in god,every thing will be fine
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
1) your sister should gather courage and go to local police station . file complaint of dowry harassment against her husband under section 498A  of IPC . in addition next time when her husband beats her mercilessly she should go to nearest govt hospital for treatment . obtain medical certificate of nature of injuries . 


2) she should also file complaint of DV against her husband under section 12 of Dv act she should seek maintenance , right to stay in shared household , compensation for  torture she has undergone and also maintenance . she should also  seek protection order against her husband . 


3) contact local lawyer in Delhi . please note that more your sister succumbs to her husband torture the more aggressive and violent her husband will be . he would be encouraged to continue to torture her as she does not protest
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
you got ample remedies available at your end. decide yourself & avail as per your choice. for help u can engage a lawyer
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
just file complaint under guidance of an advocate in women cell of your area ,as this complaint forms basis for all other legal proceedings initiated by you in future also a complaint under DV act in the court of metropolitan magistrate,it should be file in delhi as all the domestic incidence are of delhi
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
File a complaint against domestic violence Act. This will help for the situation to be under control.
Smita Shah
Advocate, Hyderabad
12 Answers
1 Consultations
4.6 on 5.0
if your husband is physically assaulting your sister  she  can get medical certificate without FIR as to nature of her  injuries . 

she can file complaint in city where incidents of DV have taken place ,. in your case it appears that matrimonial home is outside Delhi and incidents of DV have taken place in said city . if she so desires  she can lodge complaint in said city . she can also file complaint under 498A in local police station in said city
Ajay Sethi
Advocate, Mumbai
23090 Answers
1212 Consultations
5.0 on 5.0
Hi,
 Yes as the experts above suggested on your sister's behalf you can go to the police station where your sister resides, if there is a women attached to the police station your work will be easy, make a complaint over there.Your sister have options under 498 A to lodge an FIR which shall fix him and under "protection of women from domestic violence act 2005'', can file a complaint before the district magistrate  court for asking protection, prohibitory and other relief under this act. This can also be initiated by the police by referring to a protection officer the matter for steps under the act. 
If you  consult an advocate he/she will advise you the proper action or else just go to the police station of her area of residence and file complaint and ask for help. Please do not keep quite as your sister's life is in danger
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
1. It is not mandatory to inform police and lodge a complaint before she is subjected to medical examination. Her legal right to set the law in motion against her husband will not be prejudiced if she undergoes medical examination without lodging a police report. 
 
2. She can return to her parental home and file the complaint there.
Ashish Davessar
Advocate, Jaipur
18055 Answers
445 Consultations
5.0 on 5.0

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