Anonymous
Asked October 02, 2016

Mental harassment and violence in the house

  • 1 Answer
  • 392 Views

I am 25 years old female, I want to leave my home because I am being trapped here and not independent at all. I feel being suppressed. There is a lot of menatal harassment. I am being threatened for if I will do anything not liked by them I will be punished. Time and again there is situation of domestic violence . I am being abused with words of immoral character. I cannot focus on my studies. I am qualified enough to seek a job please guide me what to do and how to proceed further?

Answer 1

Firstly I would suggest you should apply for a job, once you are secured enough i.e you have back up then you can rent out a place n stay away from your home. This is your option one.

As per the legal action that you can take it you can book your family member under these sections:

 If you have faced any of the following hurt

  • Permanent privation of the sight of either eye.
  • Permanent privation of the hearing of either ear,
  • Privation of any member or joint.
  • Destruction or permanent impairing of the powers of any member or joint.
  • Permanent disfiguration of the head or face.
  • Fracture or dislocation of a bone or tooth.
  • Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.

Then you can charge them under section 320 and 325 of Indian penal code, 1860. Otherwise if there has been any sort of hurtful act of the part of your family members, you can lodge complain under section 323 of Indian penal code, 1860.

 As you have mentioned in your statement there are incidents when you are trapped in your house, you can also book your family members section 342 along with section 357 of Indian penal code, 1860. If the confinement is for 3 days then they are liable under section 343, if they confine you for more than 10 day they would be punishable under 344.

If they have used any sort of force or assault to outrage your modesty, they shall be booked under section 354 of Indian penal code, 1860.

If there is any kind of threat to you, or reputation, or to the person or reputation of any one in whom you interested, with intent to cause alarm that you, or to cause you to do any act which you are not legally bound to do, or to omit to do any act that you are legally entitled to do, but cant do, due to the execution of such threat, then your family members or any such person who is causing such threat has committed criminal intimidation under section 503 and are liable to be punished under section 506 for term which may extend to two years, or with fine, or with both. However if threats are to cause death or grievous hurt they shall be punished with imprisonment of either description for a term which may extend to seven years, or With fine, or with both.

These were some legal provisions under which you can charge you family member. Now what immediate recourse you can have.

You can straight away inform protection officer or police officer or a magistrate about the act of domestic violence happening against you. Generally each area in a district has their own protection officer.They shall then inform you about your right to make an application for obtaining a relief by way of a protection order, an order for monetary relief, a custody order, a residence order, a compensation order or more than one such order under Protection of Women from Domestic Violence Act, 2005 also inform you about of the availability of services of service providers; availability of services of the Protection Officers; your right to free legal services under the Legal Services Authorities Act, 1987 (39 of 1987);

Also if you do not have place to go during this whole process, Protection Officer or a service provider requests the person in charge of a shelter home to provide shelter to her, such person in charge of the shelter home shall provide shelter to you in the shelter home.

It would be the duty of your protection officer to help you and make you feel safe and also to help you provide legal aid. I would also suggest for you better understanding please read chapter IV of Protection of Women from Domestic Violence Act, 2005, so that you know the correct procedure and rights.

 

 

 

 

 

 

 

 

Agree Comment 1 Agree almost 4 years ago

Please Login or Register to Submit Answer

Directory ads
Need to talk to a lawyer?

Book a phone consultation with a top-rated lawyer on Lawfarm.