LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
The Indian Constitution Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Pragati Bhargav   11 May 2020

domestic violence

my father and my grandparents have been physically and mentally harassing my mother, my sister and me and this has increased ever since lockdown. Even during this lockdown on the 10th april, my father was beating us with his belt, he tried choking us and then charged at us with a knife. Somehow we ran away to our neighbours house and called the police. But my dad being a politician has alot of sources, and the officer filed our case under section 323 and 504, when he should have filed it under section 324, 325 and 326. later on when we went to the same officer he was blaming us only that we should have done a medical check up that time, but at the time of filing the case he didn't even see the marks on our hands and neck.
will this affect the case once lead to the court? if yes how to rectify this?


Learning

 4 Replies

G.L.N. Prasad (Retired employee.)     12 May 2020

Some delicate matters should be handled by those affected persons in a sensible manner and interfering by outsiders may complicate the issue.  It appears that the member is having good knowledge of acts.  For any retaliation, there are only two options.  Fight or Flight.  If you have enough resources compared with your father, contact a women voluntary organization and fight it out.  A politician is more vulnerable to this kind of adverse publicity, as he has fears that opposition may take the upper hand, as every politician may be having more enemies than friends in that field.  The flight is escaping from such torture, by separating from those persons that perpetrate such harassment and to stand on their own legs financially and if there is support from relatives and friends.   The option is yours.

P. Venu (Advocate)     12 May 2020

How you are so sure of the offences booked?

Kishor Mehta (CEO)     12 May 2020

The best option for your mother is to file an FIR under 498A. Police can not refuse any complaint under CrPC 498A.o

Shreya Saxena (Student at Faculty of Law Banasthali Vidyapith Rajasthan.)     12 May 2020

Ma'am,

Kindly refer to https://www.lawyersclubindia.com/articles/cruelty-a-flourishing-ground-for-divorce-8383.asp

https://www.lawyersclubindia.com/articles/Child-Abuse-in-India-A-Glimpse--4030.asp

Also, You can ask your mother, to file a complaint under section 498A. the Hindu Marriage Act also provides cruelty as a ground for divorce under section 13 (1)(1a) if your mother is seeking a divorce. If the police have refused to file your complaint, you can also contact the superintendent of the police and take action against the concerned police officer as well. For this, you can also read https://www.lawyersclubindia.com/articles/3-steps-to-take-if-police-does-not-register-a-fir-on-your-complaint-9904.asp

Hope this helps!

Stay positive and strong.

Best Regards

Shreya

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  



Post a Suggestion for LCI Team
Post a Legal Query