Anshu Choudhary 11 September 2016

Domestic violence

How to prove mental and physical harassment under domestic violence case and what is the punishment for that

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7 Replies

Suri.Sravan Kumar (senior) 11 September 2016

pl provide facts of the case for giving proper advice.

Anshu Choudhary 11 September 2016

My sister's husband and in-laws harassed her both mentally and physically for two years. Now she has become short tempered and start shouting due to depression and they are saying that she is mental . We are thinking to file domestic violence case so I want to know what proofs are required for that

Sachin (N.A) 11 September 2016

Originally posted by : Anshu Choudhary
	My sister's husband and in-laws harassed her both mentally and physically for two years. Now she has become short tempered and start shouting due to depression and they are saying that she is mental . We are thinking to file domestic violence case so I want to know what proofs are required for that

Start taking treatment of psychologist that treatment record will become the proof of mental harrasment and if there is any physical cruelity also try to get the medical records of that also

Sachin (N.A) 11 September 2016

It will be better to take treatment from govt. hospital if possible.

A walk alone (-) 11 September 2016

Do you think any punishment in Indian courts? Dnt you heard people after doing murder , live in open and fresh air. First of all court procedure is long if luckily she got justice the opposite party will move higher court. This way up to SC case moves . Brother never suggest your sister to go in legal matter or file any case. Nothing she will get after filing its only a wastage of time and money. Better to solve family matter in four wall instead of courts. Organize a family meeting of both side elder and try to sort out problem. If its not possible to solve then ask your sister to do MCD instead of wasting time and money in court. Lawyer may suggest you to file case but before filing just ask lawyer how much such case he won?

anuragi 12 September 2016

Totally agree with this. Just get out of it asap and with less damage.. Courts and lawyers are waste of time and money.

Originally posted by : A walk alone
	Do you think any punishment in Indian courts? Dnt you heard people after doing murder , live in open and fresh air. First of all court procedure is long if luckily she got justice the opposite party will move higher court. This way up to SC case moves . Brother never suggest your sister to go in legal matter or file any case. Nothing she will get after filing its only a wastage of time and money. Better to solve family matter in four wall instead of courts. Organize a family meeting of both side elder and try to sort out problem. If its not possible to solve then ask your sister to do MCD instead of wasting time and money in court. Lawyer may suggest you to file case but before filing just ask lawyer how much such case he won?

stanley (Freedom) 12 September 2016

Originally posted by : autohide4u

She is short tempered and is shouting and now you want her to file DV case? Totally makes sense, you have made correct decision.

Any body can fake out the Same .Most probally during cross examination opposite lawyer may ask from which doctor are you taking treatment . if no doctor stated than allegation not proved . If doctor is stated that opposite lawyer will call doctor for cross examination .And a lot of questions would be asked .

You don't need to prove anything,

wow is it so than why due process of court is required like cross examination etc .

you can write anything you want in DV/498a complaint. Lawyer usually have standard template of allegations, you only have to change name and date. Court needs proofs at very late stage in case by that time matter will be resolved. For first 2 years of case only allegations are needed.

yeah you can write anything you want but the same has to be proved .Let the matter come to evidence stage and see how the case false aprat for the false allegations .So you are suggestions falses cases with standard tempate by just changing the date and name .yeah which law book states that for first 2 years only allegations are needed .

Just file case with standard template, husband will have to run around in courts for bail, maintenance etc. This quickly makes a man mental. He will also become short tempted and start shouting like his wife. Then everything will be OK.

This seems like music to the ears can you state the act when a DV case is filed husband has to secure Bail . Dont you think that woman also has to run around the courts for various dates and wait from morning till evening . And than if she has a small kid feeding the same and if at all natures call than you know how the toilets provided there is one over there .so your view is gender biased that man going mental running around the court .Nice conclusion