• Looking for divorce and separation

I am putting this for my sister who got married in 2006. She is being beaten up and domestic violence is done by her husband. She is having two kids. She is well educated. Her husband is a professor and she is working in a private school with a very less and insufficient salary less than 10k. Husband is not having a good character , he was involved in infidelity since a long time, numerous occasions , she has warned him. Since last year, he is having an extra marital affair and he is not coming to home at night. He is even not providing monthly maintenance to her and his kids. We have tried to sort it out by talks and conversations but he escapes the situation. He does not pick up the call. He even sometimes takes her salary and forced to sell all jewellery. She even did that. He is acting very fearless and equally shameless.

I am a software engineer in Bangalore, we don't know how to proceed. I want to make my sister safe and get her maintenance, if required she can file for a divorce, even she is ready and mentally prepared for that. We don't have someone to fight for her locally. My father is no more and mother is in old age. Please advise me what we can do it. We are thinking if I go at her place and file an FIR , what if my sister and kids life would be at risk. He even threatens for life. 
Please advise how I should proceed. Can I bring bangalore and file a case? What if she reports about domestic violence to police and her husband gets arrested? what he can put allegations on her?
Asked 2 months ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Dear Querist
My opinion on your queries are as under:

Can I bring bangalore and file a case?
Opinion: The Women can file a domestic violence case against her husband and his family from where she is residing permanently or temporarily, it will be better to bring her at your place along with the Kids and file a complaint before the magistrate and claim protection, right to residence with alternate relief, child custody, monetary relief i.e. maintenance, and compensation as per section 18,19,20,21 & 22 of the Protection of women From Domestic Violence Act-2005.

 What if she reports about domestic violence to police and her husband gets arrested?
Opinion: in Domestic violence case there is no procedure for arresting, the court will issue summon and after given an opportunity to hearing, pass the appropriate order as per the facts and circumstances of the case.


what he can put allegations on her?
OPINION; Its depend on him but rarely the husband's case will succeed. he may file a divorce case based on cruelty against her under section 13(1)(ia) of Hindu Marriage Act- 1955

Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
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131 Consultations
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FIR Can be filed in Banglore, It will be better to consult a lawyer over the phone or meet personally to get advice and understand the procedure.


Feel Free to Call
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
4.9 on 5.0
1. Your sister is free to file for divorce wherever she resides. If she leaves her matrimonial home and returns to her parental house she can file for dissolution of marriage in the court within the jurisdiction of which her parental home is situated. 

2. A domestic violence case can be filed directly only in the court whereupon the court will order the report of a protection officer. Under the PWDV Act she can claim maintenance, alternate accommodation at her husband's expense and also compensation for the domestic violence suffered by her.

3. She can file a FIR against her husband which may lead to his arrest. 
Ashish Davessar
Advocate, Jaipur
18266 Answers
451 Consultations
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1) your sister should go to local police station where she is residing at present and file pol;ice complaint under section 406 , 498A for continuous acts of cruelty ,and for return  of her jwellery and other articles

2) file DV case and seek maintenance, compensation for mental torture undergone by her  and alternative accommodation 

3) she can file DV case in Bangalore if she is temporarily residing with you at bang lore 

4) husband can file for divorce  of RCR under section 9 of HMA  as counter to cases filed by your sister 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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after 498A case is filed police will carry out investigations and submit report to magistrate 

2) your brother in law can move court and seek anticipatory bail 
Ajay Sethi
Advocate, Mumbai
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1230 Consultations
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you need to consult a local lawyer to draft and file DV case 

2) your sister can also  file for divorce in Bangalore and seek maintenance , custody for 2 children 
Ajay Sethi
Advocate, Mumbai
23405 Answers
1230 Consultations
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As far as cruelties meted out to her, she can lodge  criminal complaint against him before the local police that side. 
However if she shifts her residence to Bangalore she can file DV case and divorce case from Bangalore also. 
He cannot be arrested in the domestic violence case but in the criminal case he can be arrested by the police in his place on the basis of a complaint that she may lodge with them.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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We want to know what implications can happen if we file a complain in local Thana, police will arrest him or will come for enquiry or shall I bring my sister to bangalore and then lodge a complain here? Should I also complain to his work place?

Police will n not straightaway arrest him without making any enquiry.
A criminal complaint shall be given in the place of crime only and not with other police which is not having any jurisdiction in it. 
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
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Do we need lodge a FIR in Bangalore or consult a lawyer to file a case?

You cannot get a FIR registered in Bangalore becasue the incidents took place elsewhere. 
You can consult a local lawyer on this subject.
T Kalaiselvan
Advocate, Vellore
14177 Answers
128 Consultations
5.0 on 5.0

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