• Domestic violence and dowry case for my sister within a year

Dear Sir,
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 3 months ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
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 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
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Hello,
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
S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23383 Answers
1228 Consultations
5.0 on 5.0
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.
Ashish Davessar
Advocate, Jaipur
18256 Answers
450 Consultations
5.0 on 5.0

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