How to get legal security against domestic violence events
My husband beaten me three times in 6 months of married life. every time he beat me on issues like 'respect' and 'feeling of unsecurity for my charactor'. I am feeling harrased because I did nothing wrong in my life and these are just alligations. he asked for proof of being 'good charactor' every time.
After third beating event, i left our (his) home and came to my parental home. He is now saying sorry in words to get one more chance and take me back to his home. I feel, I will not be safe in his home. I also want to stop his domestic Violence permanently. I know that this type of violence is not comming under domestic violence act. i want a proper method to keep myself safe even if I will give him a last chance to proove that he is now changed.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
1 These acts are very much domestic violence nd cruelty.
2. So if you want you can file case u/s 323, 498A IPC.
3. You can file separate case under PWDV Act for maintenance.
4. You can get a written bond from him to show that he committed such acts in the past.
1) file domestic violence case against your husband and seek protection order
2) seek alternative accommodation , compensation for mental torture undergone by you and maintenance
3) later in counselling you can arrive at mutual settlement wherein you withdraw case
You can file a domestic violence case seeking protection, residential rights, maintenance etc from him. This very well comes under protection ow women against domestic violence act.
However, considering the very least period of married life, you may consider the option of arranging a Panchayat or intervention of elders of both the sides for conciliation and amicable solution instead of opting for legal solution without exhausting the remedy available locally.
1. You are wrong in your assumption that the violence unleashed by your husband is not covered within the domestic violence act.
2. If you wish to return to live with your husband and reside with him without being subjected to further violence then you may seek a protection order from the court which will be a judicial command to your husband to cease further violence against him.
3. You can also launch a criminal prosecution of your husband to have him punished for the violence committed by him.
You should immediately file a police complaint nearest to your house that your husband used to beat you to an extent of it being life threatening and was thrown out of the matrimonial home.
You hire an advocate surely domestic violence case can be made against him. Start noting down events when he has beaten you and spoke filthy to you and then approach an advocate.