• Domestic Violence

Our maid who has a 3 year child wants to separate from her husband as his husband is habitual drinker and beats her regularly. 
Her husband is troubling us a lot by calling at late nights and threatening us not to keep her and to abandon her. He is also making false allegations that we are keeping her illegally.
At the same time he is threatening her wife. We once decided to send her with husband but wife & child are too afraid to go as they anticipate that husband will beat them badly. They are very sure that they don't want to live with his husband and wants to separate permanently as husband is very temperamental and violent.

My questions
1. Can we approach police and file a case of stalking as he is continuously harrasing us with multiple calls an visits to our house. To what extend police can help us. Can police stop some one to come to our locality and can police direct him not to make any calls to us.

2. Should we approach court. The lady has no money - all expenses will be borne by us as such. But we can manage that on grounds of humanity. What should we tell court. Should we apply for restraint

3. What is permanent solution - how should she apply for divorce. She wants to keep the child also and child is also very afraid of father. He wont go with father no matter the court decision.

4. If she applies for divorce - how much time will it take and till time of getting divorce - will court help in getting restrain orders so that husband does not bother her.

5. What can we do for our own safety. We have taken her written statement that she does not want to live with husband and is by choice living along with her son with us & working as domestic help. How can we further ensure that she does not change her statement in future and un necessary gets us to any trouble.

6. Any other word of advise from your end.
Asked 3 years ago in Family Law
Religion: Sikh

2 answers received in 30 minutes.

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7 Answers

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you in India.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.

  4. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.

  5. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  6. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

 

  1. You can take help from District Legal Service Authority, where she will be provided free legal aid.
  2. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially when the child is girl, custody is given to mother with visiting rights to father. 
  3. Divorce proceeding is lengthy and expensive, obtain restrain order seek maintenance from him. Anyway divorce will take at least 2 years.
  4. Make him realize his position in law is very weak.
  5. You can contact any social organization and let them take a lead.

Ravi Shinde
Advocate, Hyderabad
5133 Answers
42 Consultations

1) your wife can file case of stalking under section354 D of IPC against husband of maid . Also case of criminal intimidation under section 506 of IPC can be filed 

 

2) maid can file for divorce on grounds of mental cruelty. Seek sole custody of her child .also seek restraint order 

 

3) contested divorce cases take around 5 years for being disposed of 

 

4) maid can also call police helpline for assistance against her alcoholic husband 

 

 

Ajay Sethi
Advocate, Mumbai
99796 Answers
8147 Consultations

Yes you can approach police. She can also approach court under domestic violence act and demand compensation and residence rights. She can also seek other legal remedies against husband for divorce and maintenance

Prashant Nayak
Advocate, Mumbai
34529 Answers
249 Consultations

Hello,

  1. It is unlikely for the police to register an FIR for stalking or criminal intimidation as his wife and child are residing with you. You must however, file a complaint with the police stating the relevant facts and the constant harassment and nuisance caused by him. The police can certainly warn him and restrain him from troubling you any further.
  2. The lady can file a case of Domestic violence against her husband and seek protection that includes a prohibitory/restraining  order, order for maintenance for her and the child and residence.
  3. If the lady has decided not to live with the abusive husband, she must file for divorce on grounds of cruelty and she stands a better chance to get custody of the child.
  4. The court decision in a divorce petition can take 2-3 years. Restraining order can be obtained as stated in a DV complaint.
  5. For your safety, you must allow the domestic help to interact with the lawyer directly and besides make her file a complaint with the local police against her husband with all the details of her stay with you and the harassment that has driven her to you to seek help. Keep a copy of the complaint with you.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

1. You can always give a complaint on the grievances you experienced due to his nuisance and the illegal acts he has committed against you.

2. You cannot approach court for relief because you are not the aggrieved person,you can give a background support to her towards litigation expenses and engaging the services of a lawyer to handle her cases appropriate to the reliefs she is looking for.

3.  She can file a contested divorce case on the grounds of cruelty, since the child is less than 5 years of age, the custody of the child shall be with the mother.

4. The time taken for disposal of divorce case cannot be predicted owing to various factors involved in it. However she can obtain restrain order in the domestic violence case where she can apply for protection and restrain orders.

5. You must not directly involve in her case, you can support her from behind and take care of her cases whenever she needs your help and support. 

T Kalaiselvan
Advocate, Vellore
89998 Answers
2496 Consultations

They are client I am sorry to hear that but in this case you may approaching earliest police station and file and FIR against her husband or you can directly approach the judicial magistrate and file a complaint to him regarding the offences that has been committed against husband moreover a divorce petition might help the situation.

Anik Miu
Advocate, Bangalore
11018 Answers
125 Consultations

1. Yes, you can lodge your compliant against him , however it is better that this compliant should be given by his wife i.e. your maid.

2. Your said maid can file a compliant before the police for harassing and threatening , and further she can also file a compliant before the Court under the provision of DV Act ,and can claim maintenance etc. from him to teach him a lesion. 

- Further, she can also give her compliant before the Women Cell on the ground of cruelty and lodging an FIR against her husband. 

3. She can file a divorce petition before the Court on the ground of cruelty ,and can seek custody of children permanently. 

4. It may take six to two years and depend upon on the burden of the court. 

5. as mentioned in reply 1

6. She can claim maintenance for herself and for children legally , and if he not pay then he will go behind the bar.

Mohammed Shahzad
Advocate, Delhi
15816 Answers
242 Consultations

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