How to proceed in case of domestic violence


Hi all,

I am posting this on behalf of a close friend of mine. She is married for just over 3 years now and currently staying in Bangalore. Since the past 1 and half to 2 years, is facing increasing case of domestic violence from her husband. This has increased from pushing and shoving to slapping. Around a month back (1st week of October), he slapped her so hard that she has to go to the doctor and was told that she developed a hole in the ear drum - a temporary damage to the ear drum. All this is instigated his mother since she was against this marriage and still is not able to digest the fact that her son went against her wish and married the girl of his choice. Also the problem is her husband is not ready to listen to both sides in case of argument and just slaps her. He says since my mother is elder she is right or wrong you have to listen to her and do whatever she asks you to - even if its illogical or wrong. My friend thought this will slowly settle down, however, after the last incident in October, she trying to sough legal opinion on what can be done. She do not wish to take this to the police or NCW at this point as that will become a formal complain. She wants to explore what all options she has at present.

Could someone please help us detailing what all options she has?

Thanks in advance.

Regards,

Ritam (representing my friend from Bangalore).

 
Reply   
 
Advocate

If the wife got injured/ear drum damaged by the use of physical force/ slaping etc by the husband there is clear case of 323,325, 498a IPC.

The wife not interested to file police complaint against the husband now will go against her at later stage when such physical attack continues on her that may cause serious harms even death of the lady.

The domestic violence as mentioned above if is not objected and stopped can later be taken as her act of condonation of these acts of cruelty if she files for divorce on this ground against the husband.

Best course for the wife is to file for divorce now, using her medical reports as piece of evidence for proving physical cruelty against the husband, even if she is not lodging criminal complaint against him.She should seek damages from the looses caused by the husband by such physical injury.

 
Reply   
 


Designation

Originally posted by : Vijay Raj Mahajan
If the wife got injured/ear drum damaged by the use of physical force/ slaping etc by the husband there is clear case of 323,325, 498a IPC.

The wife not interested to file police complaint against the husband now will go against her at later stage when such physical attack continues on her that may cause serious harms even death of the lady.

The domestic violence as mentioned above if is not objected and stopped can later be taken as her act of condonation of these acts of cruelty if she files for divorce on this ground against the husband.

Best course for the wife is to file for divorce now, using her medical reports as piece of evidence for proving physical cruelty against the husband, even if she is not lodging criminal complaint against him.She should seek damages from the looses caused by the husband by such physical injury.

 

so as adviced by you if the lady files DV case on her husband will he be arrested immediately even if she is not hurt ?

 

 
Reply   
 

Hello. Thank you for the quick reply. The only problem with filing the case is both my friend and her husband comes from very conservative family and my friend is concerned if filing a case makes this open then this will effect her parents who stays in West Bengal (in a conservative joint family). (Note that her parents are aware of this, but other relatives are not).

Instead of filing a case now, it it possible to approach NCW for councilling maybe? And have a written letter or something which will be a record of the domestic violence?

Thank you in advance.

 
Reply   
 
Advocate

When any such incident occurs agains, ask your friend to go to the Police and lodge an NC and also go to the Government Hospital in the vicinity and in the report mention that her husband beat her. You can opt for counselling and other remedies like NCW but im not sure how successful your friend will be in the same.

 
Reply   
 

Ok. Thank you for your reply. I will communicate all these to her.

Thank you again.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu

web analytics