• My sister harassed and attempt to murder by husband, family

My sister is harrassed and attemp to murder by husband after provoked by his family,this incident is occured after anew girl child born,due to fear my sister came to her maayeke,but after some day husband's father send a notice through advocate of civil court,and in notice he said jewellery and 50thousand rs theft,and also told me that return his husband house within 12 days,
                                                          but after notice got ,my sister called(mobil no) her husband, he abused her and told her that he cannot want to live with her,and want to divorce,husband is doing job in railway department (loco pilot),my sister do nothing

     please advice me
Asked 1 year ago in Criminal Law from Bihar Sharif, Bihar
Religion: Hindu
First of all try to settled the matter amicably with them if not possible then file a complaint before criminal court under section 12 of protection of women from domestic violence act with another sections as 18/19/20/21&22.

File a police complaint for attempt to murder and cruelty under section 307/498A/34 of IPC.

File a maintenance case under section 125 of criminal procedure code for maintenance from husband.
Nadeem Qureshi
Advocate, New Delhi
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Try to settled the matter amicably with them this is only option for save the marriage. Otherwise do as per above opinion.
Nadeem Qureshi
Advocate, New Delhi
3513 Answers
129 Consultations
4.9 on 5.0
What is the reason for the quarrel?  He cannot do anything all of a sudden, there must be some background to this sudden onslaught which if shared you can get better opinions and suggestions.  However,if the tortures were for extra dowry then she can very well lodge a complaint with the police of your home town itself  who will register complaints under section 498a and 3 & 4 of DP act, besides she can move a complaint under domestic violence act and also for maintenance for herself and her child.
Did you give a reply to the legal notice, if not then give it immediately denying all the allegations including theft of jewelry  or money and can also inform that the allegations are defamatory for which they will be liable for consequences. 
T Kalaiselvan
Advocate, Vellore
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1. Your sister is under no legal obligation to return to her husband. 

2. If an attempt was made by her husband to murder her she can file charges for attempt to murder against him.

3. Your sister can also file a case for domestic violence to claim compensation for the abuse suffered by her. In addition to this she can also sue her husband for maintenance for herself and her child.

4. If she wishes to return to her husband and live with him without being subjected to violence again then she may seek a protection order from the court. 
Ashish Davessar
Advocate, Jaipur
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445 Consultations
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