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Shruti Khabiya Surana   23 February 2020

domestic abuse

wts d legal advice for husband raising his hands to hit wife...and verbally abusing...


 4 Replies

Joy Bose   23 February 2020

Hello,
Section 498A of the IPC 

498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.

Regards,
Joy Bose

Akshay   24 February 2020

Hi

Thank you for your question

According to sec2 of DV(Domestic Violence) Act,2005-The position of wife should be of an 'angrieved woman'.

The physical and mental harrassment should also be done with the very woman, and that mental/physical harrassment made by any of the person ie, Husband, any family member of that husband.

1.You can directly approach the Police station and tell them about the harrassment , if the police find it as cognizance then they will investigate it and police can register a case under 498a IPC.

2.If your case is strong enough and police is not taking any action for that , then you can directly approach the court, and can file a application under sec12 of domestic violence act and  can file a case against the person who is doing such act.

Hope this will help you

Best Regards,

Akshay Gupta

Sandeep Srivastav   25 February 2020

and after that no body support him and she will be treated as a beggar in the court

Kavya Sreejith   13 May 2020

Greetings!

Mental cruelty is a flourishing ground for divorse and it includes verbal abuse. To know more about the same, you may read : https://www.lawyersclubindia.com/articles/what-are-the-factors-for-mental-cruelty-which-is-a-immediate-cause-for-divorce-10136.asp

Regards


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