Proofs needed to file a domestic violence case

Sarath (Querist) 16 September 2013 This query is : Resolved
Hi experts

I am in desperate need of some good legal advice, please help me!

My sister is being abused by her husband and in-laws for the past 8 years, and she is psychologically and physically damaged now. We are taking her to our home for recovery and wish to file a DV against the perpetrators.

I am suspecting that her husband might want to file a divorce petition before we act on the DV.

We are talking to the doctors treating her to certify the physical abuse she has been through, and they are helpful in this.

1. Can you please advise what all certificates/documents we need to collect to build a strong DV case?
2. What exactly needs to be the content in such certificates/documents?
3. Also, how can we approach in bringing justice to my sister in the case where her husband files a divorce petition? Can I still proceed with filing DV and stall divorce hearing?

I am 25 yrs old, and both my parents are old. The whole responsibility of bringing justice to my sister is on me now, and I am in crossroads as to how to approach this problem

Really appreciate some help!

Thanks in advance
Sarath

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ajay sethi (Expert) 16 September 2013
contact a local lawyer . if your sister is victim of physical abuse has she filed police complaint against hr husband . it would have helped you in your case .

further doctor certificate of injuries on her body would help you in your Dv case .

divorce can be contested .

Sarath (Querist) 16 September 2013
Hi Mr.Sethi

Thanks for the quick response.

2 days ago, in the midnight, her husband called my parents at my hometown and threatened to kill her, and my sister was crying over the phone saying he has been beating her since morning that day. So, I called up 100 and asked some policemen to be sent to her place. It seems the policemen has talked to him and explained the circumstances once a DV is filed on him. I don't know how far he realized the risk he is in.

We didn't file any official complaint yet. She is still recovering, and we are preparing some ground to file a strong case.

I don't have any recording of him threatening to kill her. Can we get it from the phone companies to produce as evidence?

ajay sethi (Expert) 16 September 2013
immediatedly file police complaint against husband . she must be having physical marks of injuries on her body . the sadist husband place is behind bars .

after you have copy of police complaint and doctor certificate contact a local lawyer and file DV case . ask for compensation for trauma she has undergone . she is entitled for maintenance , right to stay i shared household etc

Nadeem Qureshi (Expert) 16 September 2013
Dear Querist
first of all file a complaint u/s 12 of D.V. act, the documents has been required at the time of evidence (if there is no evidence or proof at the time of filing) no need to worry file with real facts.

Rajendra K Goyal (Expert) 16 September 2013
Well advised by the experts, nothing more to add.

V R SHROFF (Expert) 16 September 2013
Contact Protection officer of your district. His Report is of great importance to have very strong base of DV + Resist Divorce. Claim residence, mtn, protection against any further cruelty, etc.
OK