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VRK (business)     12 April 2025

Writ or complaint case?

Sir/Madam, One of my sister facing domestic violence, dowary harasment, because she marriage is love marriage, husband family opposed marriage,forcing divide couples... she given complaint to near PS, but till now FIR not registered, her father in law is a political leader, use some influence in PS. What she do? can file writ on police or file compalint case in local court? she need  police security too. How can she get justice, please give advises.



 8 Replies

TANAJI JAMDADE (LAWYER)     12 April 2025

She can file domestic violence case before near JMFC court for seeking protection against those persons. Court has after hearing powers to protection from persons who harrassing her.  So take help of advocate and file case

P. Venu (Advocate)     12 April 2025

Yes, Domestic Violence case could be filed in the JFMC Court.

kavksatyanarayana (subregistrar/supdt.(retired))     12 April 2025

Yes. File a DV case in the court.

T. Kalaiselvan, Advocate (Advocate)     12 April 2025

The DV case can be filed directly before the judicial magistrate court and not with the police.

If the police is reluctant to entertin the dowry harassment complaint case then she can file a petition before the concerned judicial magistrate court seeking direction to the concerned police to initiate legal action on her complaint expeditiously.

R.K Nanda (Advocate)     13 April 2025

File DV. Case in court.writ is not the remedy for her. 

Dr. J C Vashista (Advocate )     14 April 2025

She must attempt to sort out differences / issues amicably, reconcile it with the circumstances taking help / intervention of respectable persons of the society / common relative(s)/ friend(s) and avoid taking legal recourse till all avenues are available.

Even if she is unable to compromise with situation she should seek professional services of a local prudent lawyer.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     14 April 2025

Your sister is facing a tough situation with domestic violence and dowry harassment due to her love marriage, which her husband's family opposed.

 Given the influence of her father-in-law, a political leader, in the police station, it's crucial to take strategic steps to ensure her safety and get justice.

 *Immediate Actions:* - *Police Complaint:* Since the FIR hasn't been registered yet, your sister can try to escalate the matter within the police department by meeting with higher-ranking officials or the Superintendent of Police. -

 *Police Security:* She can request police protection under Section 498A of the Indian Penal Code, which addresses cruelty by a husband or his relatives towards a married woman.

 *Legal Options:* - *Filing a Writ Petition:* Your sister can file a writ petition in the High Court or Supreme Court against the police for not registering the FIR, citing the influence of her father-in-law.

 This can compel the police to take action. - *Complaint Case in Local Court:* She can file a complaint case under Section 498A IPC in the local court, which can help her get protection and potentially lead to the arrest of her husband or his relatives. -

 *Domestic Violence Case:* Your sister can also file a domestic violence case under the Protection of Women from Domestic Violence Act, 2005, which provides broader protections and remedies.

 *Support Systems:* - *Women's Helpline:* Your sister can reach out to the national women's helpline (181) or local women's organizations for support and guidance. -

*Legal Aid:* She can seek free legal aid from government-provided legal services or NGOs that specialize in women's rights. - 

*Counseling:* Professional counseling can help your sister cope with the emotional trauma and plan her next steps.

 *Documentation:* - *Evidence Collection:* Gather evidence of dowry harassment and domestic violence, including medical reports, witness statements, and any communication records. -

 *Record Keeping:* Keep a detailed record of all incidents, including dates, times, and descripttions of what happened.

David Visokey (Lawyer)     15 April 2025

Your sister can file a writ petition in the High Court to seek intervention for FIR registration and police protection. Additionally, she may approach the local court to file a complaint under relevant sections of the IPC for domestic violence and dowry harassment.


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