I can definitely facilitate you with best legal advice
For this a VC / Counseling with your sister is important as it's all about to know more real facts and points to file before this litigation.
That's my an advice firstly.
How to proceed with domestic violence case and 498a
My sister married a man in March 2023. Before their engagement, he was already in a relationship with his girlfriend, but kept this hidden. Just 10-20 days before the wedding date, he finally confessed to my sister about his girlfriend and his infidelity. He promised my sister he would be a good husband and care for her without any issues after marriage. Fearing she wouldn't find another marriage prospect and concerned about family prestige, my sister proceeded with the wedding without any recorded proof of this conversation. Within the first month of marriage (March 2023), he was caught red-handed meeting his girlfriend in a hotel. His parents and he desperately begged my sister not to inform our family, promising this wouldn't happen again. In her state of shock, my sister didn't document this incident and didn't tell us until months later, which is why we didn't intervene at that time. One evening between 8-10 PM, his parents verbally abused my sister in front of other family members, making baseless accusations about her character. Hurt by these allegations, she left their house around midnight (12:00-12:30 AM), informing her husband while leaving. When my mother and I later took her back to her in-laws' home and confronted them about the affair and abuse, his mother demanded proof of the affair and denied the abuse. Instead, they criticized my sister for leaving home late at night without telling anyone. Despite this confrontation, my mother encouraged them to reconcile. Later, during my sister's visit to our home, her husband blocked her on WhatsApp without explanation and wouldn't answer calls. When my mother contacted his parents and elder brother about this, they dismissed it as a minor issue. After a family meeting with elders, my sister returned to her in-laws' home. In September 2023, her father-in-law inappropriately questioned my sister about her physical relationship with her husband, which led to her confronting him angrily. This November, when my sister wanted to visit our home for some work, she tried calling her husband, but his phone was switched off. After an argument with her father-in-law about this, she left their home. Her husband continues to ignore her calls. They live in Bengaluru while we're in Andhra Pradesh. My sister also works in Bengaluru in hybrid work mode. We want to arrange a family discussion to either work toward reconciliation or proceed with divorce, but they seem to not care about coming to our town or my sister leaving their home. Please advise on: How to compel them to attend a family discussion or police counseling in my home town.? If they don't cooperate, how to proceed with domestic violence and the 498a case?
Asked 24 days ago in Family Law
Religion: Hindu
10 Answers
She can lodge a criminal complaint with the local police in her home town itself for the acts of cruelty and intimidation under section 498a and 506 ipc besides she can file a DV case against her husband, mother in law and father in law for protection, residence, maintenance and compensation for the acts of violence done against her.
If it is considered then she can file divorce case on the grounds of cruelty and adultery also
File domestic violence case against husband and in laws in magistrate court
seek protection order ,alternative accommodation ,maintenance and compensation for mental torture undergone by her
3) file case of dowry harassment in local police station against husband and in laws
There is no way one can force for joint sitting for the purpose thrashing out the differences. It depends on mutual intentions and alacrity.
The incidents which you have narrated are enough to initiate cases under PWDV Act and 498A . You need an advocate to do this.
Consult an advocate for starting those cases.
-
Compel Family Discussion or Police Counseling:
- File a complaint in the local police station in Andhra Pradesh about mental cruelty and abuse.
- Request counseling through the police, which can issue a notice to her husband and in-laws to attend a counseling session.
-
If They Refuse to Cooperate:
- File a domestic violence case under the Protection of Women from Domestic Violence Act, 2005:
- Seek protection orders, residence rights, and monetary relief for your sister.
- File a Section 498A IPC case for cruelty and mental harassment:
- This is a cognizable offense, and the police will investigate the complaint.
- File a domestic violence case under the Protection of Women from Domestic Violence Act, 2005:
-
Steps to File Domestic Violence and 498A Cases:
- Approach a women's cell or local police station in Bengaluru or Andhra Pradesh.
- Provide detailed evidence, such as:
- Dates of abuse and incidents.
- Names of witnesses (e.g., family members who heard or saw incidents).
- Seek immediate protection orders and initiate criminal proceedings.
-
Seek Divorce if Reconciliation Fails:
- File for divorce on grounds of cruelty under Hindu Marriage Act, 1955.
- If evidence is strong, the court may grant divorce without prolonged proceedings.
-
Recommendation:
- Engage a lawyer specializing in matrimonial and criminal cases.
- Simultaneously approach the local police and women's cell to initiate the process.
For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be greatly appreciated.
Thank you.
Shubham Goyal
File a 498a case in the local police station where your sister resides. If the police refuse to file, then approach the court for relief. Seems the atmosphere is not conducive for your sister to lead matrimonial life with him, therefore, find ways to get them mutually separated.
G.Rajaganapathy
Advocate
High Court of Madras
Dear Client
In the Present Scenario, your sister married a man in March 2023, and is presently facing a situation with respect to a domestic violence case. Herein, in order to compel your sister’s husband into attending a family counselling, you may approach for the same, by either involving the police, or directly sending a legal notice for the same. However, if the matter involves harassment or domestic violence, that violates the Protection of Women from Domestic Violence Act, then you may seek for remedies such as protection orders, monetary relief in addition to asking for counselling or methods of mediation. Additionally, your sister also has the option of filing a case under the BNS, for cruelty by her spouse or her relatives, including harassment or abuse. But, for the same, she has to maintain evidence of instances where the harassment by her husband or their relatives is proved. With respect to mediation or counselling, if the same is rejected, you sister may proceed with legal action including filing of an FIR with the police. Further, she may also file a petition at the family court, for restitution of conjugal rights if she wishes to reconcile before a divorce.
Hope you find this answer beneficial for resolving the dispute
You can approach women cell they also do mediation before filing of any DV complaint. If they don’t attend then you can file the complaint and other cases
First of all file a complaint before police and demand a concealing through CAW cell (crime against women cell). After receipt of the complaint the police will issue notice to them and when they will appear, try to settled the matter amicably.
if not possible then file a criminal complaint under section 12 of The protection of women from domestic violence act 2005 before the concerned magistrate of your area where your sister is residing.
- Your sister should lodge a written complaint against her husband & his family members, in the Women cell/MahilaPolice, after mentioning all the details of torture & harassment.
- The women cell firstly will try to reconcile between them, otherwise, they will lodge an FIR under section 498A against all the person, who subjected your sister cruelty.
- Further, your sister can also file a compliant before the Judicial magistrate under the provision of DV Act against them , and she can claim maintenance and residential right from her husband.
