• Physical harassment for last 13 years

Firstly I am not good in English language please excuse my mistakes...
I briefly noticing the incidents step by step
1. My marriage was on 08-07-2001 as per the Islamic religion.

2, From the beginning of my married life my husband ill treated & tortured me physically & 
    mentally  in  several occasions by demanding more dowry & other financial aid from my  
    parents.  He was not  willing to spend money for my any needs. He had not allowed me to enter  
    his own house & I was in  his parental house.

3. Due to the intolerable torture I went to my parent's house. He came there & beaten me in front   
    of  my aged father & mother.Thereafter I filed a private complaint before JFCM alleging offense  
    under section 498A & the police registered a case against him. During the pendency of case  
    the Police made a compromise by directing him to look after me properly and allow me to live in 
    the first floor of his new house (Ground floor was leased to another family). But after few weeks 
    he started torturing physically. He was not all willing to spend money for my children (Elder boy 
    now at 12 yrs old, younger twin boys at 7 yrs old)

4. Again I went to my parents home with children, filed petition for divorce, maintenance, money  
    recovery before Family court. The Honble court attached his property & passed interim  
    maintenance to me & children. During the pendency of cases 498 A & cases at family court, the 
    matter come to a compromise under the Influence of some politicians , family members etc...Up 
    on request the Honble family court made this compromise agreement as a Decree. Based on 
    agreement I had withdrawn all the petitions.

5. Again I resumed cohabitation with him. He again started beaten me & torturing without spend   
    any money  & not allowing me to use gas stove, water pump, electric fan, mixi etc..& not paying  
    even my children's fees. He was not allowing me to go for job also. With the help of our mosque 
    secretary I grab a  job as accounting assistant 6 KM away from my house. Few months back I 
    received a call from neighbor informing me that my husband has some illegal relation with 
    women. I found out that lady & warned her to avoid this. On 29-09-2014 one of my neighbor 
    called me to my office to inform me that  that lady & my husband is in my residence for the last 
    30 mnts. I ran to my house & both are in a locked room in my house. Up on hearing my crying & 
    sounds around 50 people from the neighbors gathered & called the police. Police came to 
    the vicinity & allowed that lady to leave without taking any cases. After this incident we were in 
    silence for 17 days. On 17-10-2014 night 9.30 pm again started quarrel with me & beaten me. 
    My lips teared due to beating. I ran from home with my children & admitted in a hospital.

6. Now the police is under the pressure of politicians from my husbands side & they registered a 
    FIR under 498 A only. Up on enquiery the police said to my brother sec 498 A is enough 
    whether the wound is present or not & they will not arrest the accused before the completion of 
    enquiery. He has not been arrested till this time & he is arranging to escape to Dubai his 
    previous work place.

7.After this incident I am staying with my brother in rented house. My father passes away 4 years 
   back.

I am not in a position to take any decision ..to live or not. Here I beg to help me ..Where I can complaint for speedy action? Only 498A is enough for this incident? What to do for speedy action or for the negligence  from Police side? What to for the non action from the police side for the immoral activity of my husband- witnessed by more than 50 people?

Somebody suggested me DV act...I am afraid to live with him in a house..Help me

Leeja Mol
9447365074
Asked 2 years ago in Family Law from Kottayam, Kerala
Religion: Muslim
1) file complaint under DV against your husband . 

2) seek right to stay in matrimonial home or alternative accommodation . 

3) also seek maintenance for your self and your 3 children . 

4) Further seek compensation for mental torture you have undergone . 

5) if police are refusing to take action inspite of repeated complaints you can file complaint against your husband under section 156( 3) before magistrate to direct cops to investigate and submit report
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. If police is not acting enough then meet higher officials or file writ petition in high court.
2. File case under PWDV Act case where under you can get maintenance and right of residence in his house.'3. Do not file divorce case.
3. Do not compromise with him any more.
Devajyoti Barman
Advocate, Kolkata
5149 Answers
54 Consultations
4.9 on 5.0
1. While withdrawing your cases on account of compromise, you should have insulated yourself against any such future illegal act of your husband since you were very much aware of him,

2. However, file a DV case and pray for maintenance for yourself and your children, residential right, protection & compensation for the torture you were forced upon,

3. You can also file a W.P. before the High Court against police inaction praying for relief.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Hello,
1. Yes, you need to go ahead and file a case before the Magistrate  Court under Protection of Women from Domestic Violence Act, 2005 section 12 seeking protection, residence, in your case separate, maintenance for yourself and your 3 children, compensation for cruelty you suffered in his hands, etc.
2. As the police is not acting as it should be you can file a private complaint before the Magistrate under section 156 of CrPC and the police will be ordered to  investigate and submit a report.
3. During the trial of the Domestic Violence case you can get some of the 50 odd reliable witnesses to testify against your husband's extra marital relationship.This will give impetus to your case.
Engage a lawyer immediately and take the necessary steps before he manages to flee.
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Hi
 1. you should hire an advocate and make sure that your  husband does not flee from India.
2. Ask the advocate to support to go to your husband house with your kids, and file a complaint in the women cell  ("Vanita Cell".)
3. Go to the police station and insist for a domestic violence incidence and report to be filed before the court.
4. 498A is not enough as your husband can get away.
5. File a domestic violence case immediately and ask for an interim order of different reliefs.
  Do not worry about police's biased stand and the political influence. get an advocate who can help you .
 You should surely take steps  to file against the police dilly dallying attitude. Your medical report will surely help you to get a protection and prohibitory order against your husband. See that you take him out of his residence and get an order to stay there without his trouble. This is possible only under domestic "The protection of women from domestic violence  act 2005.
 You just need to have a good advocate to help you in this.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0
1. Since the police is acting under the influence of politicians the only authority which can give you justice is High Court. 

2. If your husband escapes to Dubai it will be difficult albeit not impossible to bring him back to India to face the charges made against him. If he has not been arrested by the police then seek a direction from the court to impound his passport.

3. Apply to court for maintenance for yourself and your children under DV Act. That apart, seek compensation for the harassment undergone by you at his hands.

4. Get hold of a good lawyer at the earliest.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
file writ petition in high court against police inaction and get  orders from high court for impounding of passport of ur husband so that he does not flee to dubai.

also file petition in court to get maintenance from court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
At this stage you can file criminal case against husband under section 323/498 A/504/506 IPC and police can investigate into. But no coercive action can be taken against him either by the police or court because he is in Dubai. So investigation may remains pending in lack of compliance of section 105 crpc. Court can't pass interim order in absence of service of any process. It is very tough to serve summon/warrant in Dubai.  So you can't do anything unless and until he returns. He knows this fact so he can avail this opportunity.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1) you must  in your DV complaint enclose medical reports of physical assault made by your husband , police complaint s filed to obtain an order restraining your husband from entering your matrimonial home 

2)judgements depend upon facts of each case . since you have engaged a lawyer and paid his legal fees he can find relevant judgements to bolster your case in court
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
.Bombay High Court
Mr.Ishpal Singh Kahai vs Mrs.Ramanjeet Kahai on 23 March, 2011
Bench: R. S. Dalvi
                                    1                                           WP-576

PGK
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE JURISDICTION




                                                                         
                   Writ Petition No.576 of 2011

                                                
Mr.Ishpal Singh Kahai         ...                     ... Petitioner
        v/s.
Mrs.Ramanjeet Kahai           ...                     ... Respondent


Hence notwithstanding the law relating to ownership of immovable property any victim of domestic violence in a domestic relationship would require to be granted the protective right of residence in the shared household, including the protection against dispossession therefrom whether or not she has any legal or equitable interest therein . This right to reside contains within itself not only an injunction for protection against her dispossession, but statutorily follows as a matter of corollary, the order of injunction of the Court for removal of the violator from such household and thereafter restraining him from entering thereupon. The order of removal of the violator and an order of injunction restraining him from entering upon the shared household is, therefore, conditioned upon his abusive behaviour violating the person of his wife or any other woman in domestic relationship and not upon his proprietary rights therein. Consequently, the right to reside without having any title to the property contains within itself the right to reside peaceably and to the exclusion of the violator. Further since the Act puts the woman s personal rights above proprietary interest, even if the Respondent who is the violator has title to the property, he would be restrained by a Court from 23 WP-576 exercising unrestrained domain over his ownership property by an order of injunction restraining him from alienating or disposing of or encumbering the shared household or the matrimonial home in which the victim has been granted the right of peaceful residence for her protection. This further brings within its sway, the servants, agents, assigns, who may be the relatives of the violator since what cannot be done directly also cannot be allowed to be done indirectly. This, of course, would be until and subject to the violator securing the same level of alternate accommodation for the victim as was enjoyed by her in the shared household and upon he paying for the same.

Consequently, reading sub-sections (a), (b), (c), (d) and (f) of Section 19(1) together, a holistic view of the protection of the victim is granted under the beneficial social legislation which seeks to remedy the malaise of domestic violence in a domestic relationship.

36.It may be mentioned that the orders required to be passed by a Magistrate can also be passed by the Family Court, as the jurisdiction under Section 26 of the DV Act is conferred upon Civil Court, Family Court or Criminal Court alike.

37.It is this protection that the learned Judge has 24 WP-576 sought to grant the violated wife in this case against her violative husband. As aforesaid, the fact of his alcoholism not only having been shown, but admitted and justified and the instance shown by the wife not only having been stated, but substantiated by the fact of the fire brigade assistance having had to be sought, a case of her protection in future against the expected aftermath of the disease to which the husband has succumbed as well as for the protection of her minor children is more than prima facie made out. In fact, the learned Judge ig has considered the aggressive attitude of the husband in even breaking a glass in a fit of rage upon the Petitioner having filed the Petition and applied for reliefs. The learned Judge has also considered the police complaints filed by her. She has appreciated the apprehension in the mind of the wife of further disturbance at the hands of her husband. The learned Judge has, however, also considered the joint ownership of the wife and her mother-in-law in the matrimonial home. It may be mentioned that is the only immaterial aspect in considering the relief of injunctions granted by the learned Judge.

38.The wife has made out a fit case for grant of the reliefs sought by her. The husband has not shown any apparent error on the part of the learned Judge. No 25 WP-576 interference whatsoever is called for.

39.The Writ Petition is, therefore, dismissed and Rule is discharged accordingly.

40.However, upon the application on behalf of the Petitioner/husband, the stay already granted by the trial Court, which has been continued pending the Writ Petition, shall be continued for a further period of two weeks from today.

                          ig           (SMT.ROSHAN DALVI, J.)
Ajay Sethi
Advocate, Mumbai
23107 Answers
1213 Consultations
5.0 on 5.0
1. File the said DV case after making total litigation planning,

2. Consult with your lawyer for making the comprehensive litigation plan,

3. Your lawyer should be able to arrange for the required Court Order/Judgment.
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Under section 18 the Magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence has taken place or is likely to take place, pass a protection order in favour of the aggrieved person. 

Section 19 Magistrate may restraining the respondent from dispossessing or in any other manner disturbing the possession of the aggrieved person from the shared household.

Section 23 Magistrate may pass such interim order as he deems just and proper If the Magistrate is satisfied that an application prima facie discloses that the respondent is committing, or has committed an act of domestic violence or that there is a likelihood that the respondent may commit an act of domestic violence, he may grant an ex parte order on the basis of the affidavit.

Shanavas vs Raseena and others [Crl.MC.No. 4843 of 2010] HIGH COURT OF KERALA

held that Magistrate is  competent to execute ex-parte order under Section 23(2) of Protection of Women from Domestic Violence Act without issuing non bailable warrant against the accused. Order passed by the Magistrate is in accordance with the provisions of the Act is just, proper and valid. 

Kerala high court has jurisdiction over  Kottayam so this judgment is the most relevant and supersede upon judgment of any other high court.
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
1. If the police report has been annexed in your petition then getting protection and restraint order should not be a herculean task. It is incomprehensible why your lawyer, according to you, is hopeless to this end.

2. You have paid the legal fee of your lawyer and signed the vakalathnama in his favour. Now it is his duty to find the relevant judgments. If he cannot do this then he will be failing in his legal duty as a lawyer.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
as ur going to file DV case the judgements are needed at time of final arguments and not now.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
pl seek maintenance for yourself as wel as for your children.file dv case if awaiting til now pursue dv case with evidence with you.
Brijendra Kumar Vishwakarma
Advocate, Kanpur
117 Answers
0 Consultations
3.3 on 5.0

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