• Mental & physical harassment by husband and in-laws

My daughter married 8 years and she has two children. Her husband works in Kolkata Police. She is suffering from physically and mentally torcher by her husband and mother and father in laws since long time. She has no right to go any where, to speak any body. No rights to shopping etc. and so many allegation against them. What shall I do ? I need help. They residing at Uluberia in Howrah district. Please advise me.
Asked 1 year ago in Criminal Law from Kolkata, West Bengal
Religion: Hindu
Ask your daughter to lodge a complaint to the Police Station and file a case u/Sec.156(3) Cr P.C. charge with sec.498a,323 and 506 IPC in Addl. Chief judicial Magistrate Court at Uluberia.She can also file a complaint to the West Bengal Women Commission at Salt Lake, Kolkata.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Your daughter shall have to decide as to what does she want?

2. Does she want to take up the matter legally? if yes, then the possibilities of her continuing the matrimonial relationship will become very bleak,

3. If she is ready to take up the matter legally and get justice, then she should collect evidence for all such mental and physical torture meted on her by her husband and his family members by audio/video taping, if possible,

4. after hat she should send a  complaint u/s498A of IPC  to the local police station under copy to the S.P alleging dowry harassment.  If police does not take any action, she should file an application befre the District Judge praying for direction upon he police to investigate and act based on our complaint,

5. After that she should file a DV case claiming maintenance for herself and her child and also for separate accommodation,

6. If police fails to at based on her 498A complaint, she can file a Writ Petition against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
Detailed answer  has been provided.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
231 Consultations
5.0 on 5.0
1. She is free to walk out of her matrimonial home and file for divorce. If she is not allowed to leave the house then she can through her parents move the High Court for her release.

2. She can also file a case for domestic violence to claim compensation for the violence suffered by her. In addition to this she can also seek a protection order to stop further harassment,

3. Last but not least, she can also sue her husband for maintenance for herself and her children.
Ashish Davessar
Advocate, Jaipur
18160 Answers
449 Consultations
5.0 on 5.0
1. What do you or your daughter want.
2. If you want justice then your daughter can file case u/s 498A, 406, 323, 506 of IPC.
3. Her husband being a Policeman deserves no special treatment.
4. Alternatively she can file case under PWDV Act for her maintenance and provision for residence as well.
5. Do remember that is if it is possible then firs try to amicably settle the dispute as filing of the cases as mentioned above may ruin her marriage.
Devajyoti Barman
Advocate, Kolkata
5227 Answers
54 Consultations
4.9 on 5.0
She can seek relief through police or court from your home town too.  Ask her to leave her matrimonial house and seek refuge in your house and you can initiate legal actions against them.
She can lodge complaint with the local police under section 498a and 4 of DP act for cruelty and dowry harassment and also under section 406 for breach of trust and then file a DV case along with the maintenance and protection. 
Consult a local lawyer and proceed further. 
T Kalaiselvan
Advocate, Vellore
14069 Answers
127 Consultations
5.0 on 5.0
File the domestic violence case against them before magistrate court and claim protection, right to residence, monetary relief, child custody, if any, and compensation as per section 18, 19, 20, 21 & 22 of protection of women from domestic violence act-2005.

she may also file a maintenance case against her husband and claim maintenance from him, if she is unable to maintain herself.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0

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