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rohit   31 May 2015

Domestic violence case

Hello Sir,

I need your help. my sister is strugling domestic violence her husband family treating very bad lots of time they use bad languages and hiting her and always told her you are servent here so do your work only and her husband mom t demanding money and always say i will kill you and again i will married my son.

i know every thing but we don't have to much money to take any action.

please suggest me how i will case againt his family.

please help me



Learning

 7 Replies

Revathy Dhamodharan (Executive Attorney)     31 May 2015

Mr.Rohit, Dont much worry about it. Money is immaterial when we are having intention to fight against our grievences. Through your pleader or in person an agrreived woman have to give complaint under section 12 of the Protection of Women from Domestic Violence Act before the concerned Magistrate Court in the jurisdiction of agrreived person residence/sharedhousehold. 

There are five important section in the said Act, we can pray for interim orders also under section 23 of the said Act.

(i)Right to live in sharedhousehold u/s.17

(ii) Protection order u/s 18

(iii) Residence Order U/s 19

(iv) Monetary Reliefs u/s.20

(v) Compensation order: u/s22

In another way is to give complaint before the Protection Officer. She is appointed by the Social Welfare Department in each district, she will enquire the domestic violence and file domestic incedent report  before the concerned Magistrate for further proceedings. 

Reg.

Revathy Dhamodharan,Advocate

 

 

rohit   31 May 2015

Sir my family and me live in kolkata but they live in delhi and they have to much money & powerfull.

Sir yesterday they call me and say take divorce or i will kill her. sir can i case in kolkata.

Revathy Dhamodharan (Executive Attorney)     31 May 2015

Give complaint in Kolkata

 

Jaya Pathak (Paralegal)     31 May 2015

Hello Rohit,

 

If you have a smart phone download the following application on your phone. It is called Smart Auto Call Recorder by Travel Diary. It is blue color logo.

https://play.google.com/store/apps/details?id=com.wooks.callrecorder&hl=en

 

Also under settings make sure you select the following and try couple of calls within your family and check if they are getting recorded properly before you call your sister's husband. Make sure you put your phone on speaker while talking to others so their voice is recorded clearly. 

1) File Format - MP4

2) Recording Device - Default

3) Recording Delay time - 3 secs

 

Call your sister's husband make him talking and record the call. Make sure you put your phone on speaker while talking to him so his voice is recorded clearly. You can use this call to file complaint against them if he says bad things.

 

Thanks

Jaya

 

rohit   05 June 2015

Hello Sir,

my sister marrige only 4 month she had no any document related marrige only photographs.

His father telling me i will naver accept 1 year your sister after one year  we think.

sir i don't undertsand what they want or what going on his mind.

Thanks for your help

N R Dash.. (Advocate)     05 June 2015

Photograph and video are sufficient to establish marriage. Whatever you stated here, I hope are correct and you do not have any ulterier motive. Call your sister back to kolkata and lodge a complaint in your local jurisdiction. She can file complaints where she resides. 

 

If you are so poor, do not have money even to visit the local authorities to lodge complaint, how did you manage your sister married to a wealthy person in Delhi. It does not match to your story.

 

If you are seeking help to extract and extrot money by misusing the law, kindly refrain from doing so. Domestic violence do occur, however, women misusing the law are increasing at an alarming rate now a days.

rohit   05 June 2015

Sir i am not misusing any law. Sir i had sell my property for my sister marrige.

Thanks for your help.


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