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Arpan Banerjee
in Family Law Criminal Law
Asked May 25, 2017

Physical and mental torture by husband

  • 3 Answers
  • 1821 Views

My sister 24 years age has a 20 month baby and has been facing physical and mental torture by her husband but when she want to take any step against him he is blackmailing her by trying suicide and it is not possible for my sister to take all responsibility of her child alone but she want to stop this torture what she can do?

Answers 3

Your sister can file a criminal case against his husband for physical and mental torture and can also live separately by requesting the court for securtiy and can also file a maintainance case for herself and her child.

Agree Comment 0 Agrees almost 4 years ago

It is very simple. :Lodge a complaint with police and send its copy to the husband his parents and file criminal cases aginst him not to torture your sister and also approach civil court for appropriate relief.

Agree Comment 0 Agrees almost 4 years ago

The first step that you should take is to contact the protection officer of your area, who can safeguard you. You should immediately inform the police about it, so that if in future he takes such extreme steps, the law protectors already knew about the blackmailing, and it would be easier to protect you.

Then according act of Domestic Violence, 2005[1] that states that a complaint can be filed against any adult male member who is in a domestic relationship with the aggrieved person which also includes your husband father, brother, mother-in-law, father-in-law, brother-in-law etc. or any relative of the husband or male partner.

You can also present an application to the magistrate under section 12 of The Protection of Women from the Domestic Violence act, 2005. The magistrate will dispose off the matter within 60 days of the first hearing and also appoint a protection officer.

Plus file a case under section 489a of Indian penal Code.

 

[1] Section 3 of the Domestic Violence Act, 2005 states that what constitutes domestic violence according to which domestic violence shall include: -

(a) Threats to health, safety, life etc, whether mental or physical, including physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) Harassment through any forms such as harms, injuries to the aggrieved person by coercing her or any other person related to any unlawful demand for dowry or other property  or valuable security; or

(c) Otherwise injuring or causing harm, through physical or mental means to the aggrieved person.

 

 

Agree Comment 0 Agrees almost 4 years ago

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