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Sridevi .S   26 November 2021

domestic violence

My close friend dad is troubling and harrassing his wife mentally. He has pledged her jewels and took all her money. He has not even spent for her daughter marriage, She recently lost her husband and staying with her in laws. But he is also asking her money. He has taken some many debts for his personal use and asking his daughter to repay and troubling his wife to go to job to repay his loans. I want to know What is the legal procedure for separation please advice us


 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 November 2021

Whom to report domestic violence incident

  • Nearest Police station.
  • Protection officer (Project director women and child welfare department of the Dist) Contact your local protection officer.
  • Service provider (appointed by the State Government)
  • Magistrate.

Anaita Vas   26 November 2021

Domestic violence is abuse that a woman may be subjected to in a shared household. The abuse can be subjected by the family and it can be in the form of physical, psychological, verbal, emotional, s*xual or monetary abuse.

A victim of domestic violence might be afraid or choose not to speak up and/ or report. They may fear that reporting may add to the situation or even cause harm to their children.

Here are ways they can seek support:

  1. NGOs in and around your area can provide support such as shelter or counselling. If you choose to report, the NGO can also guide you through the legal options available. Here is a list of NGOs you can seek help from.
  2. Report the incident(s) of domestic violence to the police station or on the National Commission of Women website. If you cannot go to the police station, dial 100 or the NCW helpline (011 2694 4805). During the lockdown imposed by the Government of India, NCW has also notified a Whatsapp number (+91 7217735372)  to report.
  3. Approach the Protection Officer in your area who will guide you through the legal process, and help you access medical help and shelter.

The Protection of Women from Domestic Violence Act, 2005 is the relevant legislation in India which addresses domestic violence specifically. Further section 498-A of the Indian Penal Code, 1860, which addresses cruelty, governs incidents of domestic violence.

A domestic violence complaint is normally filed against “family” i.e. people the victim has a domestic relationship with. The victim can be related to her abuser(s) by blood (like parents or siblings), by marriage (like husband, in-laws), or her partner (live-in relationship), or by living together i.e. with the extended family. The abuser(s) can be either male or female.

Read the article - "Domestic Violence and What you can do about it" at the MissMalini website

 

Regards,

Anaita Vas

175Y012 SHIVANGI   26 November 2021

Party need to file petition seeking a divorce before the DIstrict Court. After the petition is allowed, parties are required for filing of the statement . 
For domestic file an online FIR facility is there . Otherwise one can file complaint by visiting the national commission for women Website. 

Dr J C Vashista (Lawyer)     28 November 2021

Why and how you are worried about "others" personal affairs ?

Let the affected party may consult a local prudent lawyer for proper appreciation of facts / documents and professional advise.


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