Help on filing a domestic violence/498a case

Dear Alina,

 

As you said that she has gone through physical cruelty and you have the proofs for that you can file various of criminal cases and also divorce case but your first objective should be to secure the future of  your sister.

So your more focus should be on taking divorce. and making her financially independent. Rather than teaching him lesson and waiting the court to grant some maintenance amount

 

You or your sister can never teach him a lesson by filing any case. Indian judicial system is very weak and it had a long procedure. It's only a wastage of time and money by filing case. What punishment you except from court ? If some how your sister case decide in her favor opposite party will move in higher court. People after doing rape/ muder are living in fresh air.Instead you will teach him a lesson you and your sister will learn a lesson family matters can never be solved in courts. Best option ask your sister to go MCD instead of wasting life in roaming court. If he is not agree for MCD file divorce.

Originally posted by : Alina
	Hi All, My sister is been married to a guy since 4 years and they have 3 year old daughter. about 8 months back they had a quarrel, due to which he have gone out and came back drunken stage and he was about to kill her. He abused physically very hard. There is an eye witness too, even police came. There were an MLC, but we did not proceed with. We tried for a compromise. Now she is not willing to live with him. Can we file a criminal case against him for attempt to murder now? or any other case in which he should get maximum punishement. We all are with her. Money is not a problem, we have decided to teach him a lesson, he should not act like this anymore. Since this is not the first time. Please suggest.

Why is that the guy is acting like this?  It takes two to tango.  Your sister has equal role in his violent behaviour, first set that right as a dutybound brotherinlaw rather approaching police station which wont yeild anything.  Now you cant file any complaint against him.  Remember there is daughter out of wedlock, so please think thousand times before entering police station, once you do like that, marriage will be over.

It will next go to divorce, and your sister will be back to base with another luggage (her daughter).

Until such people like you exist who have money power, marriages cant be saved in this country, only new family courts will be formed everywhere.  RIP marriages.

Helping hand said it rightly....If he was drunk and behaved violently there may be a reason..Try to find and sort out that.. Convince your sister and send both of them for councelling... As a brother you should be thinking of saving the marriage and ensure a future to that child,instead you are thinking of teaching a lesson..money cannot buy everything mate...

Good suggestions, no need more enough to be elaborated