• Domestic violence against women

My sister is married for 13 years. Her husband has always been of suspicious kind. Their relationship has always been strained. There were psychological violence ( verbal abuse) but not physical. 4-5 months back my sister found out that her husband has an affair with a neighbour. She confronted him along with the neighbour's husband. My sister thought he might improve now. But their relation got deteriorated after that with episodes of her husband coming home late and drunk and verbal abuse. Yesterday he did physical violence and my sister got severely hurt. 
We went to Mahila Ayog but the judge there told us that if we don't put dowry case in the complaint then he won't be getting any punishment. 

Please advise us on how to go ahead with this.
Asked in Criminal Law from Jaipur, Rajasthan
Religion: Hindu
Mahila Ayog is not correct. Even if there has been no dowry related violence your sister can still successfully prosecute her husband for criminal intimidation and assault. Apart from this your sister can also file a criminal complaint for domestic violence. Last but not least, she is at liberty to apply for dissolution of her marriage on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

Mahila Ayog is not correct. Even if there has been no dowry related violence your sister can still successfully prosecute her husband for criminal intimidation and assault. Apart from this your sister can also file a criminal complaint for domestic violence to claim compensation and right to protection from further acts of domestic violence. Last but not least, she is at liberty to apply for dissolution of her marriage on the ground of cruelty.
Ashish Davessar
Advocate, Jaipur
19897 Answers
518 Consultations

5.0 on 5.0

1) your sister should file Dv case against her husband and seek protection order

2) she should seek alternative accommodation , maintenance and compensation for mental torture undergone by her 

3) in addition she can file 498A case against husband for continuous acts of cruelty
Ajay Sethi
Advocate, Mumbai
28413 Answers
1542 Consultations

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Your sister has been subjected to domestic violence continuously. 
She has to file a case under the provisions of domestic violence act seeking the relief of protection, maintenance and residential rights.
The mahila ayog cannot insist her to give false complaint agaisnt the dowry demand if there was no such offence committed by her husband.
It will become very difficult to prove the said offence if you try to give any complaint in this regard.
If the situation is beyond tolerance she may evn think of taking divorce from him on the grounds of cruelty but always give a chance to save the marriage and then think of further drastic steps. 
T Kalaiselvan
Advocate, Vellore
18616 Answers
175 Consultations

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1. Get a medical certificate from a Govt. Hospital certified that your sister is physically hurt,

2. After that she should file a police complaint u/s498A alleging dowry harassment and also adultery against her husband,

3. She should then file a DV case and file a petition for maintenance, separate accommodation andalso police protection,

4. After that she should decide whether she will terminate the elationship or not and if yes, she should file a divorce suit claiming permanent alimony.
Krishna Kishore Ganguly
Advocate, Kolkata
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