• My sister husband attack on her with knife want to file divorce

My sister husband attack recently with knife and previously beat her..also in one time in public (in marriage hall) He is working in crpf. She need divorce with alimony and maintenance. She have one daughter. But he is not ready to give divorce..what we can do?.  Kindly advise urgently.... Kindly please
Asked 5 months ago in Family Law from Chandrapur, Maharashtra
Religion: Hindu
1)sister should  immediately file police complaint against her husband for attempt to murder , obtain medical certificate as to nature of injuries suffered by wife 

2)also file complaint against husband under section 498A for continuous acts of cruelty

3) file for divorce on grounds of mental cruelty and seek interim maintenance and alimony 

4) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Immediately Sister should admit to the hospital and send intimation to the concerned police station. And try for to file a complaint under IPC 498A.

IPC 498a was made to protect a woman from injury to life or limb, or mental harassment to the extent to drive her to suicide.   All problems in marital life do not attract 498a, to the extent made clear in this SC judgment too. 498A IPC is a pure criminal offence in which punishment is awarded to the offenders. 498A is a criminal offence that came into existence to combat domestic violence and protect women from dowry harassment 

File petition for protection and maintenances from her husband under The Protection of Women from Domestic Violence Act, 2005. The DV Act provides that the aggrieved person may approach not only the Magistrate but also the Civil court, Family court or any other courts and seek relief’s including protection orders, residence orders, monetary reliefs, custody orders, and/or compensation orders. The D.V. Act has been enacted to provide a remedy in Civil Law for protection of women from being victims of domestic violence and to prevent occurrence of domestic violence in the society.
File a petition for divorce on the grounds of mental cruelty and seek permanent alimony.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Firstly she has to lodge a criminal complaint agaisnt him before the jurisdictional police for the acts of cruelty unleashed on her by him.
Next she can file DV case seeking protection and also maintenance from him for herself and for the child.
She can file another petition seeking maintenance under section 125 cr,p,c, for herself and the minor child.
She can file a divorce petition on the grounds of cruelty against him and in that also she can file an application under section 24  of HMA seeking interim maintenance for herself and under section 26 of the same act for her child.
She can initiate all the above cases against her husband immediately.  Consult a lawyer and proceed.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
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Dear Querist
Your sister may file a divorce case before family court under section 13(1)(ia) of Hindu Marriage Act-1955 based on cruelty.

Your sister may file a domestic violence case against him before magistrate court and claim protection, right to residence, maintenance, child custody and compensation u/s 12,18,19,20,21 & 22 of the Protection of women from domestic violence act-2005
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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She should file a criminal complaint for attempt to murder against him which will result in his arrest and prosecution. She is also free to apply for divorce on the ground of cruelty and also for maintenance for herself and her daughter. 
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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