Domestic violence and dowry case for my sister within a year
I will be extremely obliged to get some direction on my situation.
My sister was married last year Nov. and by this week i was shocked when i learned that she has been physically hurt by her husband on the provocation of her mother-in-law on the pretext of not being provided with luxuries of house, a flat/ car etc. and so on. But as my sister revealed it just now when she said it was too much to bear. She is telling that if will bulge to any of their demand it will only fuel up further for more. Now I have scheduled a visit in 2 days time as i stay far away. What option do i really have. Both my sister and brother -in-law are well educated and it was by choice marriage by their own and being elder brother i convinced both side that the couple will make good life. But now this thing ? They have not contacted in any occasion on to us but torturing my sister like anything. She was uncounscious for hours last day. husband and wife are staying in Banglore and in-laws stay in Raipur. Please advice.
Asked 2 years ago in Family Law from Lucknow, Uttar Pradesh
1) your sister should file case against her husband , MIL under section 498A of IPC along with provisions of dowry Prohibition act for dowry harassment and continuous acts of cruelty
2) also file DV case and seek protection order, maintenance, compensation for mental torture undergone by her
1) You can file a criminal case against your brother in law and his mother under section 498A of IPC for having harassed your sister for dowry. It can cause arrest of the accused and prosecution. You need to prove your allegations. You will have difficulties was the incident occurred months ago and only husband and wife are staying alone.
2) You can also file a complaint on the Magistrate court under provisions of Protection of Women against Domestic Violence Act 2005. She can ask for maintenance, Protection and residence either shared or separate.
3) Your sister must also lodge a police complaint in the local police
She should file a criminal complaint for dowry harassment and causing hurt against them under section 498A. This apart, she may also file a DV case to seek compensation and maintenance.
Thanks for advice. It has given me confidence to go ahead on the matter. But there is another angle as well ad require your attention and advice accordingly.
Sister and brother-in-las are staying at Banglore but are coming to Raipur for some family reason. The next day of arrival I am reaching to their place at Raipur where right now only mother-in-law and her husband will be available. Father-in-law has gone to their ancestral village for some personal reason. As evidence she has photographed her injuries (few snaps by phone only), Also sent by courier a letter describing the torture from Banglore. marks of injury are still appearing on body.
Based on above I am planning the following -
I will reach at raipur and talk to them on seek explanation of physical condition of my sister. Will go to medical college for medical examination. Then go to Nearest Police station for lodging FIR against mother-in-law and Husband to get them arrested. As a proof I will carry copy of marriage certificate. FIR will be for dowry case under section 498 a or so and also against torture and domestic violence.
But the catch is that it is too early and i want to treat it as a warning only may be an arrest for a day or so only so that things do not repeat in future. Do not want to break the marriage. willing to give a chance but with some solid warning. Suggest me a way that can take them to police station atleast may be for an hour.
Asked 2 years ago
1)if your sister is staying in bangalore she should get herself examined by doctor in bangalore now .
2) on basis of medical report regarding nature of injuries file police complaint in bangalore against husband and MIL
3) the incidents of dowry harassment has happened in Bangalore . rapiur police station will not entertain complaint of 498A
The FIR has to be filed where the incidents of violence took place. A medical examination should be got conducted only in a govt hospital. However, the filing of the case will not result in an automatic arrest.