On dated 28/06/2015 at 10:52 pm send an abused pic of a girl thru facebook messenger accused person is in relation of brother in law (jija) with me. when i called him and asked what is this you sending to me, he refused to clarify anything to me and cut my call, then i called up to my sister at a time and send her screenshot of pic and recording of my talk with him told her about all the matter. she put me on call and go to ask him about matter but than also he refused to clarify all and do physical violence with my sister in between my call get dropped. he was also done physical violence with my sister before. he doesn't support her in any way not in financially or mentally, always ask for money and beat her. he is also habitual of drinking. he has also physically weak (for baby purpose). we have proof of that. i wan to know what actions and in way we can file complaint against him by the name of my sister. we want to punish him strictly. Because my sister doesn't wan to live with her.
1 if your sister doesn't want to stay with her husband any more then she has multiple operations.
2. She can file case under section498a ipc for which he may be taken into custody.
3. She can file case under pwdv act also for maintenance.
4. Ask her to lodge complaint with police or take help of local lawyer stating all fact.
Hi, you can lodge a police complaint for sending abusive picture as it will an offence under Information and Technology act.
2. Your sister can file for divorce on the basis of cruelty, if she don't want to live with him.
1) your sister should file 498A complaint against her husband before local police station for continuous acts of cruelty
2) in addition she should file Doemstic violence case and seek protection order from court
3) seek maintenance and compensation for mental torture undergone by her
4) also seek alternative accommodation from her husband
Your sister can file for divorce against him on grounds of physical and mental cruelty. She can claim maintenance from him by filing maintenance petition against him.
But before filing above cases get your sister to her parents home. Thereafter file police complaint of his drinking and beating habit. Also get her medical check up and get all the reports so it may be shown in the court.
Regds,
Adv. Payal
Respected Ajay Sethi Sir, i want to clarify more please help, actually that time when physical violence occurs with her she called on control room (100 no.) than after 2 police persons came, after listen all matter they take her inside home and told her to stay at home yet... tomorrow go to local police post and file your complaint. at local police station in morning when she reached, she found his husband is already there. At that place after having all conversation with munshi and one other persons, there those people puzzle her by saying that u can delay your complaint and can file later at your parents place get her sign on a some kind of "byaan" . which i read and found that the ended up all matter. because they wrote that, my sis called up on 100 no nd complaint abt her husband nw i dont wan to take action on that (all this is in punjabi) and last line is something " mere darkhasht dakhal daftar kiti jaave ji" she is now in our home, can she take any further action...??? or able to file complaint...???
1) she can file domestic violence case before magistrate court if husband is not maintaining her .
2) she can also file 498A case . rely upon pictures sent on face book by her husband . mention various incidents of cruelty inflicted upon her by husband .
3) she can file it in local police station wherein she is residing . police are bound to investigate allegations and submit report to magistrate .
1. For the violence which your sister has suffered at the hands of her husband she alone can set the legal process in motion by filing charges for assault and also a case for domestic violence.
2. Your sister can also seek maintenance from him. In addition to this, she can also file for divorce on the basis of cruelty meted out to her.
Your sister should not have signed the papers prepared by the police nor she should have agreed to leave the place for filing the complaint at a late stage.
If the police is refusing to take her complaint, she should have approached the higher police official with the complaint or atleast approached the judicial magistrate court with a private complaint seeking direction to concerned police to investigate and initiate proper legal action on the complaint.
If he has sent you the obscene messages or pictures that outraged your modesty, you can also lodge a complaint against him before the police for taking action against him.
1. You have two issues now. One is his sending objectionable picture of you and other is beating your sister,
2. You can make a complaint before the cyber cell of local police for his sending your objectionable picture,
3. After that let your sister lodge a police complaint u/s498A of IPC for which she should collect audio/video recording of all his cruel acts on her,
4. Afte that she can file DV case claiming maintenance & seperate accomodation,
5. If she does not want to continue with him, let her file a divorce suit claiming substantial amount towards alimony.
1. She should now send a complaint letter to the same police station by speedpost under copy to local S.P./D.C,
2. After that she can file an application before the District Judge of her husband's place u/s156(3) praying for direction upon the police to investigate and act based on your complaint,
3. Later on she can file all other cases as advised in my earlier post at the place where she is presently staying.