Your sister should file Dv case seek protection order , maintenance, alternative accommodation and compensation
My sister is a Hindu and is married to a Muslim and has a 4 year kid. He is very abusive and away from home whole day and night. He does not take any responsibility of the kid and wife. His family also does not like him. He is very abusive with my sister even in public and threatening her that he will kill her or take the child away. She does not know how to react as he says police can not do anything and no one can do anything to him and he has nothing to loose. He is working in railways as class 4 employee and was removed from service but managed to join back by paying money. Now he has nothing to loose except the kid. My sister wants to keep the police informed before hand before something major happens
She wants to keep the police informed first and also has proofs against him and want to use those or share it to someone who can keep an eye on him as he is not listening to anyone now
Your sister should file Dv case seek protection order , maintenance, alternative accommodation and compensation
Her continued silence would only make her husband more bold and desperate for further atrocities.
So she has either the option of leaving her and come back to her parental home or to lodge complaint with local police for the cruelty perpetrated by her husband.
If she is facing tortures and acts of cruelty she can lodge a criminal complaint against him with the police.
She can even file a divorce case and start living separately away from him.
She has to lodge a complaint against him with all the evidences before mahila police and seek protection.
- Your sister can file a complaint as information before the police and higher official after giving details of his cruelty towards her
- She can also approach the Women cell against him on the said ground , however she has following right:
- As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her &child, she should file a petition under section 125 CrPc.
- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not.
2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him.
- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture &harassment, she should file a petition under the provisions of Domestic Violence Act.
3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges.
- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.
- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/Mahila Police, after mentioning all the details of torture &harassment.
- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR against her husband who subjected your sister cruelty.
Dear Client,
It is so bad that your sister is trapped with her abusive husband and she needs to do so much to protect her and her child especially at this times. Its indeed a inhumane behaviour, your sister under section 84 of the Bharatiya Nyaya Sanhita (previously, Section 498A of the Indian Penal Code), can register a complaint against her husband for physical and other forms of abuse and then get a restraining order that bars him from communicating with her as provided by the Protection of Women from Domestic Violence Act of 2005. It is necessary to record all incidences of violence without being violated through the use of pictures and videos in case of threats. She should report abuse to the police since it is her legal requirement in accordance to section 84 of BNS on cruelty. Moreover, she can inform local NGOs or women’s helplines including the National Women’s Helpline 181. She has to visit a lawyer who prosecutes domestic violence cases, and maybe find out how she could deal well with the case.
Hope you find this answer helpful in resolving your problem.