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Discussion > Family Law > Others > How do i stop domestic violence from my husband   Unanswered Threads Post New Topic

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There are 18 Replies to this message


swapna


hr
[ Scorecard : 70]
Posted On 01 February 2013 at 16:48 Report Abuse

Hi,

I am married for 8 yrs and have 2 kids. My husband is a central govt employee. I work in an education sector. My husband has uncontrollable angre problems where in he beats me when we have any fights. this is since our marriage any quarrel and i back answer him, he raises his hand immediately on me. This time, ie., on october 19, 2012  again i was beaten up by him though his mother was there she never came and stopped him and i had to dial 100 and at 10 o clock night the 2 constables came and what he told them the reason for beating me was that i go to my parents house which is in the next lane itself and they also asked me back when ur husband does not want you to go to ur parents house y do i go. Since i leave my kids with my mother and go to work thats y i go in the evenings to pick them up. Next day i went to local police station and i was asked to write a complaint which i did and since he is a central govt employee i dint wanted to be FIR as it will harm his job. Since then my kids and i live with my parents its been 4th month and he has not bothered to come and speak neither called.


Please suggest me what i have to do. I donot want to go for Divorce. I love him but his this abusive behaviour is what makes me really upset.

 

Kindly suggest if i will have to take any legal options.

 

Thanks n regards



Online certification courses in IP, IT and Social Media laws


Helping Hand !


Divorce, Domestic Violence, Maintenance/alimony advisor
[ Scorecard : 5767]
Posted On 01 February 2013 at 17:36 Report Abuse

Originally posted by : swapna

Hi,

I am married for 8 yrs and have 2 kids. My husband is a central govt employee. I work in an education sector. My husband has uncontrollable angre problems where in he beats me when we have any fights. this is since our marriage any quarrel and i back answer him, he raises his hand immediately on me. This time, ie., on october 19, 2012  again i was beaten up by him though his mother was there she never came and stopped him and i had to dial 100 and at 10 o clock night the 2 constables came and what he told them the reason for beating me was that i go to my parents house which is in the next lane itself and they also asked me back when ur husband does not want you to go to ur parents house y do i go. Since i leave my kids with my mother and go to work thats y i go in the evenings to pick them up. Next day i went to local police station and i was asked to write a complaint which i did and since he is a central govt employee i dint wanted to be FIR as it will harm his job. Since then my kids and i live with my parents its been 4th month and he has not bothered to come and speak neither called.


Please suggest me what i have to do. I donot want to go for Divorce. I love him but his this abusive behaviour is what makes me really upset.

 

Kindly suggest if i will have to take any legal options.

 

Thanks n regards



There should be some reason behind this erratic behaviour.


Have you spoken to your husband about this?  It should be due to work related issues or something. Why dont you sit and talk.


If possible try getting hubby to a counseling session. Like that you might as well find the cause for his behaviour and thereby plan accordingly about future.



Ranee.......


NA
[ Scorecard : 4068]
Posted On 01 February 2013 at 22:03 Report Abuse

Send elders of your family to discuss the matter with them...if it is fruitful then talk to lawyer..I think filing a Domestic violence case will work for you as he will not be arresetd .



Sudhir Kumar


Dy Director
[ Scorecard : 42511]
Posted On 02 February 2013 at 05:22 Report Abuse

You hav eto file DV case before appropriate authroity.  By the way why you do not want him to be suspended ?



Nadeem Qureshi 9953809956


Advocate/ nadeemqureshi1@gmail.com
[ Scorecard : 22822]
Posted On 02 February 2013 at 08:14 Report Abuse

Dear Querist

You should filed a complaint u.s 12 of Domestic Violence Act, 2005

12. Application to Magistrate.-

(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider.
(2) The relief sought for under sub- section (1) may include a relief for issuance of an order for payment of compensation or damages without prejudice to the right of such person to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: Provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the Magistrate under this Act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908 ), or any other law for the time being in force, be executable for the balance amount, if any, left after such set off.
(3) Every application under sub- section (1) shall be in such form and contain such particulars as may be prescribed or as nearly as possible thereto.
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the court.
(5) The Magistrate shall endeavour to dispose of every application made under sub- section (1) within a period of sixty days from the date of its first hearing.
 
Feel Free to Call

Nadeem Qureshi (Advocate)

email : nadeemqureshi1@gmail.com

web:    nadeemqureshi498a.webs.com

Mob: +91  9953809956

          +91 8802305262



swapna


hr
[ Scorecard : 70]
Posted On 02 February 2013 at 10:14 Report Abuse

Hi everyone,

thanks for your replies.

1. No he does not have any work related tensions which are the cause of his behaviour. Basically he is very egoistic in nature. On top of it his mother add fuel in complaining about why i am not giving him my salary, however i contribute part of it to buy groceries to home everymonth. she showcases it front of him as though she does all household chores and i jus go sit in my mothers house which is not ture as she is there with us since 10 months only.

2. when we have any arguments she takes his side and supports him for all his behaviours. whether if he boozes and comes also she says he is man he can booz .

3. Yeah i dint want to complain as FIR as if he gets suspended or it would lay black mark on his career records.

4. Making elders sit and speak my mother says let their people come first and discuss and not we take the initiative she says.

5. the land is given by my mother where as we have constructed the house, but now my husband and mother in law are enjoying in that house.

Do i have to take the initiative in calling him and talking to him and asking him to come for counselling sessions. kindly suggest



Ranee.......


NA
[ Scorecard : 4068]
Posted On 02 February 2013 at 10:19 Report Abuse

if you file dv then you will be sent  for counselling...DV can give you your home back.In Whose name the property is now?

Contact a good lawyer.Before filing a case try to go home with kids yourself.If they resist then file case .



swapna


hr
[ Scorecard : 70]
Posted On 02 February 2013 at 10:52 Report Abuse

property is in my mom's name only. No no they are not resisting me in going to my home, infact they are waiting for that only that i go on myself without  their image not being hurt. but however i want him to come and take me as the mistake was from his side. If i go by myself i feel i become small in front of them.



Ranee.......


NA
[ Scorecard : 4068]
Posted On 02 February 2013 at 13:01 Report Abuse

that is your house..you should go there and stay there ignoring him.This ego will not work I think..assert your right over that property.



Kapil


00
[ Scorecard : 24]
Posted On 02 February 2013 at 13:16 Report Abuse

It is just becuause of your attitude that you have been facing problems. Typical house wives have to suffer domestic violence just because they worry about their relationships and family bonding. But I believe that you should not be weak. Being citizen of India, you are entitled to exercise your right to freedom.

Rather than going to police station or a lawer, you must prefer a women cell/ Women Social welfare organisation or any concerned NGO because they give best counselling with legal advice. Then only you should plan a step. BUT I must say that you do not sit




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