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Anonymous
Asked July 18, 2016

Concocted domestic violence & rape case threats

  • 1 Answer
  • 327 Views

I am a retired senior citizen who is staying with his wife in his house in Ranchi.

My son is staying with his wife and two daughters in Kolkata. My son is being mentally and emotionally tortured and phyisically assaulted ,greatly oppressed, beatten, humiliated, abused, threatened and tormented by his dangerous wife. She threatened her husband that she will also go to Ranchi and will ruin our family and father's reputation by alleging false physical force and attempted rape charge on him. She has been beating and abusing my son. On 8.7.2016 in the evening she beat him again, tore his sando ganjee, slapped him multiple times, bruised his jaws by punching on it. She kept saying, that she will abuse and hit him till the time he does not get angry and hit her back. She kept hurling slangs and saying very lewd remarks to instigate him for hitting her. Then she threatened her husband that as soon as he reacts, she will call the police and get him booked in domestic violence case. Kindly advise us the steps we should take to safeguard us and save our son from breakdown.

Answer 1

We are extremely sorry to hear that. Well we would like to help you come out of this difficulty.

Even though the Domestic Violence against men in India is not expressly recognised in the eyes of law, your son can still file an FIR against his wife. In order to strengthen your case please ask your son to undergo multiple medical checkups which can prove the bruise marks/ other assault reports. He may then approach the nearest police station to file an FIR. His daughters can act as the eye-witnesses. His wife must have to produce medical reports of physical force and forceful sex to prove attempted rape else she cannot simply book your son under those charges orally.

 

The only drawback in the Indian system is that though such domestic violence cases must be resolved in 6 months (speedy trial), it is not procedurally followed. The hearings may be done in every 10-15 days and your son will have to be present for all the hearings.

 

If required your son can claim also divorce if he wishes to separate. However it is advisable not to book both the charges together (domestic violence and divorce) as then it may generally be presumed by the Court that since your son wishes to get divorce, he's claiming false case of domestic violence. Once the charges of domestic violence are proved; then your son may file for divorce separately. Depending upon the mental situation of his wife, he can get the custody of his daughters.

 

Also, you may approach 'Save Indian Family Foundation', an organisation working towards the rights of men.

 

Kindly let us know if we can assist you further in any other query.

 

 

Sammanika Rawat, Lawfarm Researcher

Agree Comment 0 Agrees almost 2 years ago
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