• Mental/Physical torture by in-laws and husband

My Sister has been married for 15+ yrs with 2 kids(2 yrs and 10 yrs). Last 4-5 yrs she has been tortured to the extreme extent by her husband and mother in law. Kindly help/guide us with the options left with us
We want to see them behind bars with severe punishment 
We want the custody of both the Child ?
As a brother , located in a different City, I also want to file a case againist them in my city, can i do it?
wht all proofs that we as a family need to have ?
Is voice recording considered a proof ?
Her Mother in Law is spreading all bad things about our family to the neighbourhood . Under what section of IPC or any other , we can punish her 

Pl's help us
Asked 2 years ago in Family Law from Hyderabad, Andhra Pradesh
Religion: Muslim
1. What is the nature of torture inflicted on her? Has she been subjected to physical torture also in addition to mental torture? Has the torture been inflicted with respect to dowry?

2. Depending on the answers to the questions formulated above your sister can bring the required charges against her husband and in-laws. She has abundant remedies under the legal framework to punish the wrongdoers. If she has been tortured for dowry then she may file a criminal complaint for dowry harassment against her husband and in-laws whereupon they may be arrested and punished by the court. As and when they apply for bail she can oppose it through her lawyer.  Your sister can also file a case for domestic violence against her husband and in-laws to put an end to her victimization. She can also seek the right to residence at the expenditure of her husband. In addition thereto, she can also seek financial support for herself and her children from her husband. 

3. Is your sister residing with her husband? If yes, then in order to claim the custody of both her children she is required to file a case for child custody. 

4. You cannot file any case against your brother-in-law and his parents for the treatment they have meted out to your sister. The right to institute legal proceedings for violation of your sister's rights is vested in your sister alone. However, if any wrong has been committed on you by them, you may take out the required legal proceedings against them.

5. Your sister would have to produce proof in the form of audio/video recordings, witnesses or medical reports (if she was subjected to physical torture) to nail them in the court. Voice recording is a valid proof if the conversation recorded inevitably shows that an offence has been committed. .

6. If your sister's mother-in-law is defaming her then she can file a case for defamation against her.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
the following are remedies available to your sister 
1) your sister can file complaint under section 498A before local police station if she has been subject to dowry harassment 

2) she can file complaint under DV act against her husband , in laws and seek maintenance, right to stay in matrimonial home , custody of children . she can alsos eek compensation for torture she has undergone . 

3) you cannot file case against your brother in law /mother in law . only your sister can do so 

4) voice recording is admissible in evidence . if she is subject to physical abuse she should obtain doctor certificate regarding nature of injuries . police complaint lodged against husband and in laws also will help your sister in her case .
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1. First of all your sister has to decide about terminating her matrimonial relationship with her husband since after taking harsh legal course of action it will be difficult to restore normalcy in the relationship,

2. If she decides to to hit back at the cost of the relationship the first step she shoud take is to start collecting all evidence of cruelty on her (for dowry or otherwise),

3. Once fullproof evidence in the form of audio/video recordings etc. are  collected, lodge a police complaint u/s498A of Cr.P.C. against her husband and in laws,

4. File DV case against them praying for maintenance and seperate residential accomodation for her and her children,

5. Before filing the above cases, there should be adequate litigation planning and preparation for her leaving matrimonial house to settle in her parental house or elsewhere. It should not be done with preplan and not while in a crisis,

6. After those cases are filed also prepare to contest case expected to be filed by her husband for child custody since her one son is 10 years old for which his custody may be asked by his father. Custody of children above 5 years are decided by the Court based on welfare of the child,

7. Audio/Video recordings are valid evidence which are well accepted by the Court.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1.she can file dv case in court.
2:-).she can also file 498a case in court against her husband and mil.
3.audio/video recording are admissible in evidence
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
your sister can file where she is presently residing or place of her marriage or where she and huband last resided together. she can file complaint case or FIR under section 498A againt her husband and in laws or file DV case claiming maintenance for self and children  residence  compensation for torture etc.also claim custody of children.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
Dear Querist
If there is any cruelty upon her due to dowry demand then you can file a complaint against them before court or police under section 498A / 406 of ipc. 
You may file a complaint before magistrate under section 12 of domestic violence act read with section 17 - 18 / 20 / 22 / 23 of DV act and claim maintenance right to residece child custody and compensation for the harassment.  The case can br filed from that place where the women is residing temporary or permanent. 
You may file a maintenance case against the husband on behalf of the children and for her under section 125 of crpc
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
a criminal complaint can be lodged under section 498 of IPC against husband and his mother. mental torture is also the ground to file suit of divorce.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0
Hi,
You can lodge  a police complaint against the husband and inlaws. Your sister can file DV case, which covers monthly maintainance , compensation and residential order.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. after completing seven years of marriage no severe action can be taken against them.

2. you can file criminal case under section 498 A and 355 IPC.

3. you can file case against them because criminal case can be filed by any member of society.

4. your sister has right to take custody of the child whose age is below 5 years,  above this age father is the natural guardian.

5. voice recording is the strong piece of evidence.
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0

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