Mrityunjay (Head of circle ) 23 August 2012

Need advice on domestic violence

I need a small suggestion from the lawyer members my friends sister is just married 6 month back and the husband of my friend sister is working in multinational bank and from very begining of marriage the husband his mother,father and youger brother have mentally tortured her and have beated her haressly ,even her mother in law always start beating her ,her husband always use to beat her and uses unberable abusive languages to the wife ,he even put her belonings like all electronic devices like TV ,Laptop under her control and never allow her to use it,in between last 7 days he removes her from her flat and he resides somwhereelse even on railway platform for a day and after hos relative reaching to place she will be in hotel for next 3 days.The family have taken dowry of rs 25 lacs cash and other objects also .now we need your suggestion how to get rid of that so that my friend sister will get half of the property as well as salary of her husband and a stong imprisonment and punishmenet to her husband ,father and mother along with her younger brother in law ,pls suggest at earliest

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5 Replies

RAHUL KANSAL 9041629676 (ADVOCATE) 23 August 2012

helloo mrityunjay,

i have read your case and if you want i can help you in this case.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 August 2012

1. File a criminal case u/ss 498a(Cruelty for dowry)/406 (Criminal Breach of Trust/323/506. If there has been cruelty for dowry - and her articles have been retained wrongfully. If there have been physical violence 323 should be added. 506 if there has been criminal intimidation.

2. File a DV Act case.

3. If she is not working or is unable to maintain herself she is entitled to maintenance.

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ADV S PATHAK (lawyer) 24 August 2012

go to protection officer and make a report of domestic incident.

Sudhir Kumar, Advocate (Advocate) 01 September 2012

Such persons generally come to knees in CAW itself even FIR may not be needed. This law is framed for such perosns only while being miused against innosents.

You should not waste much time. Just inform them of the intention to submit complaint 24 hours before giving.

sagar shinde (student) 04 September 2012

@Mrityunjay: First I would like to suggest that dont take any decision in revenge. Pls be calm. Let the girl think thousand times before filing 498a. She has to take decision by serious thinking. She should ask following questions to herself before filing 498a .

1) Whether she is ready to fight the case till the end? As case may go on and on for 4 to 8 yrs.

2) Whether she has finally decided not to live with husband at any cost?

3) Whehter they have any children? Wht abt them? their custody?

4) Whether she is interested in money/ property or want a peaceful life?

5) She can definitely ask for maintenance and boy is ought to give it. ( You can file this case immediately)

6) But pls file 498a after lot of thinking. as then marriage survival will be a rare case.

7) I dont mean, she should not teach the abusive husband a lesson. If he has beaten her, she can complain of domestic violence and other IPC sections. But dont file 498a immeidately. She can file that any any point of time later on. Its a lethal weapon and has to be used only when girl has no other option and wants to end the marriage and teach the abusive husband a lesson for his crime.

All this I am talking from my sisters genuine DV case and its experience.