Mental harrasment and domestic violence

Ricky Thakur (Querist) 02 April 2023 This query is : Resolved
Hey Husband is CA ( Chartered accountant) but doing Mental harassment and Domestic violence to his wife and threatening girls parents for Jail.We have proofs of Violence such as Photos and Recordings

I want to have legal advice as below
1. Husband is CA can he prove guilty or not and if guilty it will effect to his Profession
2. Girl don't want separation from his husband home as she wanna live but Husband tortured him every week as girl is concern about his child future. Can she get Police protection
3. No money is being given to girl . She work as labour in his own house
4. What other things you can suggest

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Quick Summary

This discussion addresses a woman experiencing domestic violence and mental harassment from her Chartered Accountant husband, despite her desire to remain married for her child's future. The advice provided suggests she can seek police protection and file for maintenance and protection under the Domestic Violence Act. While guilt could be established regardless of his profession, it's unlikely to affect his CA career. The response also clarifies that a homemaker is entitled to maintenance and not considered labour.

T. Kalaiselvan, Advocate (Expert) 03 April 2023
She can approach the local police or mahila police within her residential jurisdiction and lodge a criminal complaint seeking protection.
If he is not providing any amount towards her maintenance, she can file a maintenance case under section 125 cr.p.c. seeking maintenance for her and the child.
She can also file a DV case seeking protection, residence, monthly maintenance, compensation and return of her articles.
But remember that any such legal steps would createan adverse impact on her matrimonial life.

P. Venu (Expert) 03 April 2023
The facts posted are too general and do not suggest any actionable cause.

Dr J C Vashista (Expert) 04 April 2023
Question wise reply is as under:
Q 1. Husband is CA can he prove guilty or not and if guilty it will effect to his Profession
Ans: a CA is not immune from becoming guilty, which depend upon evidence(s) against such person and such CA can be held guilty There will be "NO" effect on his profession on being held guilty.

Q 2. Girl don't want separation from his husband home as she wanna live but Husband tortured him every week as girl is concern about his child future. Can she get Police protection.
Ans: Yes, she can get protection under various provisions of Indian Penal Code, 1860 and Protection of Women from Domestic Violence Act, 2005 on filing complaint before jurisdictional court. The complainant / aggrieved person has to seek professional service of a local prudent lawyer for guidance and proceeding.

Q 3. No money is being given to girl . She work as labour in his own house
Ans: She is a homemaker /housewife and not a labour as stated by you. She is morally, socially and legally entitled for her maintenance, which has to be claimed if not provided.

Q4. What other things you can suggest
Ans: Prima facie this is not your real story but a question paper, isn't it ? If so, it is suggested to avoid posting hypothetical facts and give examination to experts doing appreciating social service.

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