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Anonymous
in Family Law Criminal Law
Asked June 21, 2017

Domestic violence case against husband

  • 1 Answer
  • 452 Views

I am living in Pune and my sister is living in Delhi. Her husband has drunk and slapped her. Now we are looking for domestic violence case against him. They have 15 months small kid. And it is kind of dowry case we have given him money and after that these things are happening. We have tried to make up mutually and solve but he is not agreeing. What should we do? We want to know if we file domestic violence case against him will he be fired from company. He is working in private MNC in RBS bank Gurgaon. We want he should be fired after filing the case. Kindly provide some suggestion so we can thing the best way.

Answer 1

Sir/Ma’am,

You can file charges against the husband on various grounds under S. 498A of the Indian Penal Code, 1860, under the newly formed legislation of the Protection of Women from the Domestic Violence Act, 2005 and also under the Dowry Prohibition Act, 1961. All the three legislations will be aptly attracted in this case.

However, with regards to the latter part of your query, nothing can be said with certainty. Being a private company, it can fire an employee at will, but it cannot be said with certainty that they will in this scenario. Probably, once the allegations have been proved and he is sentenced to imprisonment, the company will have to fire the husband, but will they do it from the onset of the charges is up to the discretion of the company. Generally, companies fire and employee if because of him, the company’s reputation is being tarnished or that the employee is unable to provide satisfactory output. In my opinion, once the husband is convicted, chances are that the company will fire him, but the company cannot be asked to do so.

Agree Comment 0 Agrees over 3 years ago

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