• Physical assault by husband

My husband usually drink and beat me ...2 counselling have been done in women cell..women cell is not in favour of me...they are pressurising me...and my husband is not accepting his mistake...he is still blaming on me
Asked 5 years ago in Family Law
Religion: Hindu

6 answers received in 10 minutes.

Lawyers are available now to answer your questions.

16 Answers

1. Your husband is liable under Section 498A IPC.

2..IF FIR is not being lodged on your complaint then you may file a complaint case under Section 156(3) Cr.P.C in the competent court to direct police to lodge the FIR.

3. You are also free to file a DV case under Section 12 of DV Act to seek monetary compensation and maintenance. 

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

File DV case against husband in magistrate court seek protection order, alternative accommodation, maintenance and compensation for mental torture undergone by you 

Ajay Sethi
Advocate, Mumbai
94711 Answers
7530 Consultations

5.0 on 5.0

Instead counselling,  file FIR, don't bother about women cell. They won't do any thing and assault will continue. Once he will arrest than only situation may change 

Yogendra Singh Rajawat
Advocate, Jaipur
22633 Answers
31 Consultations

4.4 on 5.0

See file FIR with all medical and other evidence of beating if police is not registering FIR file a private complaint of DV with magistrate and file a petition before high court for direction for police to register FIR under section 498a and 323 ipc.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You should register FIR and proceed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Why don't you file a police complaint us 498A?

 

 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1547 Answers
5 Consultations

4.4 on 5.0

A case of cruelty and domestic violence should be filed against the husband. In case he mends his ways then it's ok otherwise file an application for maintenance and live away from him unless he sobers up.

Regards 

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Dear Madam,

It is better to file Domestic Violence case against your husband and also give police complaint against him.

file Domestic Violence case seeking following reliefs:

 

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

  1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
  2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
  3. Pass orders u/s 18, in totality against Respondent1 to 3,
  4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
  5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
  6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
  7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
  8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

 

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Hello Maam

Go for registration of FIR against your husband....

Contact m from Rohtak.

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can proceed with your complaint.  You can oroceed with DV case and other maintenance case

Prashant Nayak
Advocate, Mumbai
31946 Answers
179 Consultations

4.1 on 5.0

Dear Querist

Immediately file a criminal case against him before magistrate court under Section 12, 18,19,20,21 & 22 of The Protection of The Women From Domestic Violence Act-2005 and claim protection, right to residence, monetary relief, child custody if any, and compensation.

 

if after the court order, he committed any violence that will be consider as breach of protection order and he may sent to jail under section 31 of D.V. Act-2005.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

You should immediately file

1. Domestic violence case against your husband and in-laws and claim maintenance, separate accommodation, protection against violence,  compensation for causing cruelty 

2. File a police complaint against husband and in-laws, If police didn't take any action then approach court for registration of FIR. 

 

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Re-approach the women cell and move a detailed complaint in this matter with them.

Report it to them that you a victim of domestic harassment and violence. On the strength of your complaint. request that a FIR be lodged against your husband and he be prosecuted accordingly. 

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

You should filed a written application before police or filed a complaint petition before court alleging therein physical and mental torture under section 498(A)IPC thereafter you give evidence before police or court for prove the case after proving the case he must be punished

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

If he is not agreeing of his mistakes and still continues to do so, you may get a FIR registered on the grounds of cruelties for beating you after drinks.

You may also file a DV case agaisnt him seeking protection, residence and maintenance besides compensation for the tortures and cruelties he has meted out to you.

 

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 Consultations

5.0 on 5.0

You have to follow the process of getting a FIR registered agaisnt him besides you may also file  DV case  against him for the reliefs as suggested in my previous post.

 

T Kalaiselvan
Advocate, Vellore
84912 Answers
2194 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