Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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PLEASE HELP

(Querist) 15 May 2010 This query is : Resolved 
Dear Sir:
Please advice me......
one of my client is 32 yrs old.. She got married in 1998 of that wedlock she has a son who is with her and is 10yrs old. She got divorced in the ys 2005.Son stays with her nd her parents . In 2009 she got married to a person who had kidney transplant some five yrs back.
Her son stays happily with her parents now.
This guy is on medicines and got biopsy just last month again for his creatine was 1.9.
He is very shaqqi ( never trust her) type of guy. alsways blame her for even coming by bus. he says "tu yaaro k sath atti hai " fro smaal reasons he use abusive words in front of his parents. he becomes so hyper that once he broken his wrist even. His parents always takes his side and also start saying that they would call police and complaint that his son nd daughter in law is fighting. This tym he said to his son to get himself injured and thn they would blame their daughter in law for this(kehte hai beta tu pane ko maar le thn hum iski life kharab kar denge) they even say that (tera creatine bad raha hai to hum bahut se caim karege)
They dont let her go to meet her son even. She is just very much scared but dont want any police case to be initiated now as she says she has already gone through this pain earlier and want to adjust somehow with him.
Kindly advice what all she should do to safe herself as her inlaws says they would make her life miserable after their killing thier son. .
Please advice as she is realy tensed about herself anf her son .
also note that husband doesnot give or spent a peny on her wife except for giving her food . Its only that she earn that she is able to meet her basic needs.
HELPPPPPPPPPP PLEASE
nidhi kalia (Expert) 15 May 2010
IF THEY ARE NOT AGREE TO LIVE TOGETHER THEN SHE MAY FILE A DIVORCE SUIT.
Amarita Kaur (Querist) 15 May 2010
he says they dont want her to leave. I only want to know if there is any remedy for her to save from this thing that his father says they will force their son to kill himself and blame that lady for that.
adv. rajeev ( rajoo ) (Expert) 15 May 2010
except divorce there is no other way.
Raj Kumar Makkad (Expert) 15 May 2010
We are here to give only legal advice and according to law, such lady have various rights to protect her life and property and live with full dignity. Every person who so ever he may be, has got not right to tease and harass her and threaten her as mentioned in the query. If she do not create courage to fight against current injustice just because she has suffered same pain earlier, is wrong. First of all she herself should decide what she wants to do. If she takes the protection of law, it is very well available for her and if she opt to take divorce then she should leave the house of such persons and should settle wither at her parents home or at some other place wherein her respect and dignity may get due protection.
Amarita Kaur (Querist) 15 May 2010
thnx for ur advice sir
plz suggest what steps she should take in case she just want to safeguard her self from such thretening and not to take divorce right now.
Can she file any complaint saying that her husband nd inlaws threaten her and at the same time ask not to take any action right now??
Raj Kumar Makkad (Expert) 15 May 2010
She can file an application under section 12 of The Protection of women from domestic violence act in the nearest judicial magistrate and a protection officer can be provided to that suffering lady and even to her son. Who so ever shall try to make any comments directly or indirectly shall have to suffer even jail. She may even take the recourse of approaching SSP of her district but it shall not be in her interest to take such harsh steps at first instance but later on she may file even complaint/police case under sections 498A IPC.
Amarita Kaur (Querist) 15 May 2010
sir in case she files applications u/s 12 oF Domestic Voilence Act will that come to the knowledge to her inlaws and husband?
She wants to give chance to husband and at the same time protect herself in case anything happens sin future.
Amarita Kaur (Querist) 15 May 2010
Sir could u also provide me any advocate's no who can help me filing application in delhi or ur no ??
Amarita Kaur (Querist) 16 May 2010
Please suggest sir its urgent
i am realy scared
Guest (Expert) 16 May 2010
Ms. Amarita Kaur,
I have gone through your personal profile and came to know that you are an advocate. Then why are you scared?

File an application under Section 12 of Domestic Violence Act. In this Act, she can get protection orders for herself and her son. If any one, especially her husband, in-laws try to physically, emotionally and / or economically try to abuse her, they will face the music of law at their own cost. This protection order will give protection to that lady even at her work place.

If she thinks that she will reform her husband and can restore a very peaceful and blissful life, then we cannot help her except to leave her with her fancy thinking. If she is interested to swim and survive herself, we are here to extend all the possible legal help.

Prabhakar,
Advocate (M-9958670740)
Amarita Kaur (Querist) 16 May 2010
Thnx mr prabhakar for ur reply
but i just want to know if she files application, will her husband come to know about the fact.
Daksh (Expert) 17 May 2010
Dear Amrita,
It is evident from your mail that your client herself is also responsible for all this mess.
I "DIFFER" with Raj on the point of solely giving legal Advice as and when the situation crops up we can, should and must resort to counselling as well.

On the first occasion itself when your client got abused she should have warned the culprit.
Otherwise there must be a "CAUSE" (of her husband being Shakki) of her in laws/hubby resorting to this ill treatment and in the circumstances she must firstly take recorse to counselling.

Best Regards

Daksh
Amarita Kaur (Querist) 17 May 2010
Thnks daksh
but how can my client approach counseller when her husband doesnt listen to her at all.
Amarita Kaur (Querist) 17 May 2010
her husband says he has seen at his earlier office how women ditch her husband, as one of his collegue had done this in front of him . He was working with some travelling agaency where he had seen all such incidents so he says all woman are same and she can alsio do the same to him.
Daksh (Expert) 17 May 2010
Ms.Amarita Kaur,

Now you have disclosed the cause then the only alternative for us is to clear the preconcieved perception/notion of your client's hubby by better communication and suggesting various ways out. One way could be on social occasions whenever possible let her hubby informally come and meet the office collegue and after interaction he will definately be knowing about them and vice versa. The methodology or opinion may differ but if the objective is clear and the effort is continuous then results have to be positive.

All the very best in your sincere and appreciable endeavour.

May God bless you/and your client as well

Best Regards

Daksh
Guest (Expert) 17 May 2010
Ms. Amarita Kaur,

If application under Section 12 of the D.V. Act will be filed by your client, she has to necessarily make her husband and in-laws as respondents and they will definitely know about filing of case by way of court notice.


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