kindly guide on 498a and Domietic voilence
SABA
(Querist) 25 March 2011
This query is : Resolved
Dear Sir,
i am a victim of crutelity of every form (physical , mental, sexual and fiancial) my husband and my inlaws in my three and half years of marriage had tortured me contnuosly and prevented me from seeking help from police however two instances came one after the other in a months span which completely devatsed me as my husband tried to strangulate me to death given this i had to call the polcie on the very night when the incidence took place the second time, and as usual the police tried to prevnt along with my husband from launching the fIR and prevenitng me from the MLC being done howver i was firm and had got the same done and had to run to get an FIR launched though th fir was launched except for the section 498a, 406 and 4a and 323 (based on MLC) and none other inspite of instances and repeated trip to police station.
My husabnd and my inlwas on the other hand applied for anticipatory bail and were given by the same in the trial court.
the case is under invertigation and is due for its first hearing which is probably expected in the next month.
meanwhile i have also filed apetion on doemtic voilence howvere , i still not concvinced that inspite of heavy strangulation mark on my neck which could have amounted to mydeath, polcie did not take any sever action aginst my husabnd and inlaws, iam sure that it must due to the corruption that we all rae aware off, but how do i get justice.
i am alone in this city and i work as a freelancer to meet my ends with no permannet job saftey and with this mishap i am not even having a proper shelter and saftey and cannot expect the state to be just and unbaised seeing the anticpatory bail proceedings in the court.
on the otherhand as i was busy with defending the antciporty bail and applaing the police to add other approapirtae sections, my husabnd was busy hacking my email, my soical netweork page and abusing the contacts by sneding notrious amil from my email... for which i ahev filed a sepatte complain in teh cyber crime cell.
i wnat to know how the indian law will be usefulto me as i am stuggling to get justice for the cruelity i have faced and suffered and now when i ahve dared to fight for justice, is any of indian law will be able to do justice to my life, libierty and diginty.
mean while i also came to ko that my husand is planning fro a remaiirge as he was doing it even in the course of trhee years of our marraige.
we are muslims and i am also not aware if it is in any way i can prevent him from doing so while the case is under trial.
he works for the university and is a temperory/contractual employ and if there is any way i can seek his institution to take necessary actions against him.
please guide , i am in severe need of your guidance.
Suhail suhail
(Expert) 25 March 2011
Respected Madam,
It is really un-fortunate to hear your version,i am not surprised if you faced such things in course of law as of course still the system is not efficient to make sure about the implementing the laws.
However i do not know in which city you are,weather a metropolitan or else,you need little guidance to work on a right track,yes law is there,and it is equally for all,you cannot only make the Bail cancelled but you can make the police officials as alleged in not taking timely action to answer,
Just provide me information as to which place you are from,so that i can give you feedback.
SABA
(Querist) 25 March 2011
I based in NDelhi
Jitendar Kumar gupta
(Expert) 25 March 2011
We failed to understand why your protection officer has not come forward and helped you to get the accommodation in your in laws house. we are doing practice in Delhi and you may contact us and what ever best possible help we shall provide you in getting the residence in your in laws house. you can contact us at 9868529732
Devajyoti Barman
(Expert) 25 March 2011
The Protection Officer is not authorised to provide any shelter to you in your in law's house. He can only make a report and forward to the Magistrate.
So without wasting any time I would suggest you to file a case before the Magstrate if not already filed.If already filed then apply for ex parte order of maitenance u/s 23 of the Act.
Since you are woman you are entitled to free legal counsel and for that apply for free legal aid before the Legal Aid Services Authorty , the office of which is there in the court premises.
