Soundarya 19 February 2021

Woman threatened by husband on a constant basis. help!!

Hello

I'm an engineer and an Associate professor from Bangalore.

I'm a victim of extreme domestic abuse and violence at the hands of my husband and this has been going on for many years now. He was jobless for many years and therefore I had to work a lot to provide for him and my child. Even got loans for him to help him out. Just before the lockdown happened we again had a fight and I was beaten up real bad and this time I chased him from my home and then the lockdown began. During that period, he left for his hometown and I felt somewhat safe. I was constantly receiving death threats from him during lockdown. I've been diagnosed with PTSD and Panis disorder that has led to a very difficult life.

I have decided to separate from him and since the work pressure is high and managing a 4 year old hyper-active kid is taxing, I couldn't take time out for discussing the procedure for divorce and to plan accordingly. I would definitely like to charge on counts of domestic violence and attempted murder as that's what he literally tried to do with me.

Till the time I try to figure out the legalities involved in the process and summing up the money to fight the case, I need protection from him as the threats keep coming in at regular intervals and I have all the proof and evidences for the same.

During his previous attempt at threatening me with death, I filed a complaint with the women's commission and the matter was later transferred to the local police station where I didn't get any protection and instead I got advised by the police and a social worker to patch up with my husband and live with him.

But now again he's in the city and has started to abuse me verbally and emotionally. I'm really afraid for my life as I've faced death threats from him on multiple occasions and he has not spared my friends even from such threats.

I'll be seeking for a divorce soon and I'll move forward as soon as I get the time for it,but until then I need protection from him as he's repeatedly threatening me and my kid and is constantly abusing me at regular intervals.

Please provide me with legal solutions like a possibility of a restraining order, preventive detention or censure or anything for that matter that would ensure safety for me.

If there is a free legal service for such things, please let me know as that would be really helpful considering my financial situation.

Me and my kid needs to feel safe as an immediate requirement. I'm really finding it hard to live from such constant threats. Please help me with your valuable advice and suggestions.

Thank you

Have a wonderful day ahead

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7 Replies

Kevin Moses Paul 19 February 2021

Indian law does not have a concept of a restraining order in any law per se, an injunction ordercan be granted by the court which mandates a person to do or refrain from doing some act.

According to Section 36 of the Specific Relief Act, 1963 - "Preventive relief is granted at the discretion of the court by injunction, temporary or perpetual."

Moreover, as per the situations dealt by you (i.e. a woman who is subjected to domestic violence) can file a complaint under Section 498A of the Indian Penal Code (IPC) 1860, and therefore the court would issue a protection order, as per the Domestic Violence Rules, which would remain in force till the aggrieved applies for discharge.

In addition to all of these, you may proceed to register a complain at your nearest police station for the death threats that you've been receiving from your husband from a while now. For this purpose, you may register the complaint under section 506 of the Indian Penal Code (IPC).
This section provides punishments for criminal intimidation.

It states that -
# "Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either descripttion for a term which may extend to two years, or with fine, or with both."

# "If threat be to cause death or grievous hurt, etc.—And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or [imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either descripttion for a term which may extend to seven years, or with fine, or with both".

Hope it Helps

Regards
Kevin M. Paul

2 Like

N.K.Assumi (Advocate) 20 February 2021

In spite of Mandamus of SRA of 1963, I would suggest that you go for Judicial seperation, as your case squarely falls under Section 13 of the HMA.

G.L.N. Prasad (Retired employee.) 20 February 2021

You can contact District Legal Services Authority and also any voluntary womens' organization for proper guidance. Even Women and Social welfare dept., can offer such guidance.

1 Like

Soundarya 20 February 2021

Thanks a lot for your advice and information. I need to know what would the police do after I register complaints on section 498A and 506. This is important since I ended up with cops trying to patch us up , trying hard to help my husband out. Therefore I would like to know about the steps that follow normally after filing such complaints. Thank you

N.K.Assumi (Advocate) 20 February 2021

Going for 498A and 506 will only worsened the matrimonial relations by inviting police and washing your dirty linen before the public. The only medicines in such a situations is to live separately for sometime, to allow time to heal the wound and if it fails,,better to nail the coffin in spite of living in hell.

1 Like

P. Venu (Advocate) 21 February 2021

You may initiate action under the provisions of the DV Act.

Soundarya 22 February 2021

Thanks for the reply Mr Venu. And Ms Assumi , I'm scared for my life and what do you mean by worsening matrimonial relationship? I'm asking this solely for the safety of me and my kid. He's not letting us live in peace. Hope you understand the seriousness of the situation and help us with your valuable suggestions in law and the constitution as that's the only protection we women have against such evil people