Creulty against Wife.
Querist :
Anonymous
(Querist) 24 May 2011
This query is : Resolved
My cousin who got married recently in Nov 26 2011. Her husband started torturing her physically, mentally and started abusing her in vulgar language and also harassing her to get dowry. This is happening from the day immediatly after the marriage. She stayed there almost for 2 months and then she informed to her parents about his behaviour. First her paresnt has warned her inlaws regarding his behaviour. later once my cousin has return back to his parents home. Her husband has sent a message to my cousin mobile saying that "As i have tortured you so much, so now you do not come to my home back your dad will look after you and so on......" They are not sure why he is behaving like a saddist. After that her parents has a argument with her husband and his familiy members and decided for divorse on mutual understanding. But later point my cousin and his familiy members recollected all his misbehaving and harrasment done to her daughter and they consulted the lawyer and with the help of lawyer they has lodged a complaint before the magistrate. The magistrate has given the next date after 2 months. I belive the file will be sent to Police for investigation.
My question is, do we need to follow up with Police for the status of the file or will they will contact us when they are ready for investigation.
Also we want to punish this bugger husband who has taken all the happiness of my cousin. Please advice me so that I can help them with the suggestions. Thanks
Querist :
Anonymous
(Querist) 24 May 2011
Hi Sheik,
My cousin has filed a complaint before the magistrate. I belive this file will be sent to converned Police station for further investigation. Does it means that the Police will file a 498a and Dv against her husband..
Devajyoti Barman
(Expert) 24 May 2011
Yes , the complaint is filed u/s 498A IPC.
For a case under DV Act, she needs to file a separate case in which the Police has got nothing to do.
Querist :
Anonymous
(Querist) 24 May 2011
Hi Devjyothi, Thanks for ur information. I am just curious about his arrest. Will police arrest him and take him to the custody atleast couple of days.
Also how do we file a case under DV act?. do we need to file one more complaint before magistrate or in police station.? please advice.
Devajyoti Barman
(Expert) 24 May 2011
You need to file the complaint in the court only.
We are not your friend but professionals . So address us properly.
Querist :
Anonymous
(Querist) 24 May 2011
Sorry Sir..
M/s. Y-not legal services
(Expert) 26 May 2011
Yes filing a complaint against the husband under the domestic violence act is best one..
M/s. Y-not legal services
(Expert) 26 May 2011
Yes filing a complaint against the husband under the domestic violence act is best one..
Querist :
Anonymous
(Querist) 01 June 2011
Hi sir,
Police has arrested him, by the time my cousin Dad went to police station to check whether still he is in police custody. But Police has released him on surity( jamine) and when he has question police about his released. they told that accused will come tomorrow morning and they will surrender him to court and then to jail.
I am just confused why the police has released him today evening based on Surity. As per 498 section, the accused has to be in remand until he gets the bail from court.
1. Can i trust Police, that they will keep in jail until he gets the bail.
2. Also just curious to know that how many days normally takes to get bail for this 498a case.
Thanks everyone for your support till now.
