My sister hv a problem with here husband for dowry,he is torturing by hitting her,how to take legal action?

Question

All i want now is, what type of legal action can taken against him. My sister had been sent out of house with two daughters, now she is now with me only. We have made a compliant against him couple of months ago in Women police station in Perambur(chennai). but now they refused to take a compliant and also asked to take legal action. Pls anybody can help us to get this to be resolved. Im very grateful to all. Thanks in Advance

Answer 1

Your sister can fill complaint agaist him under the Domestic Violation Act,2006. Also she can file complaint under section 498A Indian Penal Code for cruelty. Both these complaint can be filled by her directly in the court under whose jurisdiction she is living & need not go to police for it. If he is not providing her with maintenance she can even fill complaint Under section 125 Criminal Code Of India & get maintenance for herself & her kids.

Answer 2

1] Lodge an FIR against the prevention of domestic violence act.
2] The police cannot refuse to lodge an FIR, if they persist then fill in an application at the Madras High Court for a writ called Mandamus (i think), under which the court will order the police to lodge an FIR.
3] Contact a good NGO and they will provide you with free legal aid. You will have to go to court at some point or the other ( my advice to you would be do not send your sister back until legal action is taken irrespective of how much her husband pleads, cases like this often turn into violence, do not forget there are two llittle girls with her who could also be victims)
4] There are now central acts in place that make it compulsory for your sister's husband to provide her with an alternative home, if he throws her out. There are laws that criminalise physical or even emotional violence within families, that provide for restraining orders (as per which the man cannot even come within a certain radius of your family) if need be.
5] but first concentrate on filing an FIR. Do not be scared, this looks tough, and it is, but saving your sister and her daughters from further violence is really really important.

Answer 3

It is very simple now in out city. First you should want to know who is troubling your sister. If her husband is troubling her or her mother in law is troubling. Then you told that you had given complaint in perambur police station. Come to women's police station in Egmore and then tell your problem and you can also tell that there is no action taken place in perambur police station.


If they also say that go legally then arrange a lawyer for your sister and you can file a case on the court. First you should know that if your sister's husband has been sent to jail your sister's life should not be affected and if your sister's husband is on angry with your sister means surely he will ask for the divorce. Take the decision carefully because it is the life of the women and her daughters.



In my advice try to make a FIR on the women's police station. If they did not respond then move to the higher police station. Then make a lawyer and proceed the case. If he does not accepts his sin means try to bend yourselves and try to give money this is the life your sister and her daughters. Do not make quick decision. Take time and think sensibly and act.

Answer 4

She needs to obtain an order of protection against him. It needs to be a no-contact order-she needs to go to police station or courthouse and someone can assist her with the process. The state I live in the offender will automatically go to jail for 10 days if the order is violated and the best news is--the offender cannot bond out of jail. The offender will get minimum of ten days in jail each time order is violated. The police can also direct you to support groups for people who are/have been in a domestic violence situation. These are very helpful--and help you feel that you are not alone and the only one being abused. Also, once order of protection is obtained you can get him out of the home and have the locks changed. Some organizations/churches will change your locks for free. If she is not safe in the home then for now maybe it is best she and the kids are with you or in a women's shelter. It can be a slow and frustrating process but she can and will get through it and is very blessed to have family support at this time. The support groups for survivors of domestic violence are awesome! The leaders of the groups are survivors themselves so they can relate and are not judgemental--they are also very helpful in providing information for resources that are available to women and children in this situation--there are more than you know. God Bless You for looking out for your sister. She and the kids will be stronger and happier in the long run. The FIRST PRIORITY is that she and the kids are SAFE FROM HARM!! It is a big and difficult step to take to break the cycle of violence and I applaud her for her desire to change her situation no matter what. Go ahead--You CAN do it! There are alot of us out here that are pulling for you and praying for you, your children and your friends and family. Good Luck!! Take that step and I promise you that one day soon you will feel like a special, whole, important, beautiful person again. Those of us who have been where you are at now know those qualities existed before and during the abusive situation but when you get out of it--YOU will know and feel and see how beautiful and special you really are inside and out. That light within you will SHINE bright again. :)

Answer 5

The police cannot refuse to take action against him. It is punishable under Domestic Violence Act and anti-Dowry law. If the police man at the lower level, refuse to do that, you may contact the higher officers, failing which you may prefer a petition before the Judicial Magistrate, seeking a direction to the police for taking action.

Answer 6

Wish I could help you. In America it is a VERY different system. Here HE would have been thrown out of the house so the children would have a place to live. We don't have seperate police stations for men and women either. If you can take her to talk to an attorney, that is probably the best advice. Good luck to you, her and especially the kids!

Answer 7

Is Perambur in India? From what I heard, India had some pretty contradicting laws on treatment of women, and now they just put tougher laws on them. You'd be hard-pressed to find someone here who knows of Indian laws inside and out. You're better off talking to an attorney there. Good luck.

Answer 8

would not remember which area of the worldwide you go away however the main significant ingredient that concerns is as a women people you would be courageous, ambitious, autonomous. in case you're neither any of this 3, you may on no account proceed to exist everywhere enable it to be in India or US or purely everywhere. firstly, attempt to envision what's the basis of the subject in the previous leaping to end. Why are you no longer geeting the help of your Husband? Why is your MIL behaving like that. There could be a reason to it. If what they are doing won't manage to be justified, than you may purely probably tell your hubby which you elect to go out wiht him and if he would not choose to come back...than dangle him, babe! you may proceed to exist devoid of him. yet pleaseeeee examine the basis of the subject first. in specific circumstances, we as a girl could provide and soak up addition. So i advise you to make selection after thinking once you're no longer emotional. make confident your innovations is sparkling once you're making judgements and for this subject basically you may come to a decision.

Answer 9

First file a restraining order against him. If he violates it have him arrested immediately. Please make it clear to your sister that he will try to manipulate her using any means possible (the children, roses in the mail, phonecalls saying he is "So very sorry...I love you honey" ect) and to not fall for it. Control is what these creeps live for, and they know what buttons to push. Have her file for divorce from the guy and get support for herself and the children. Do not let this guy off without paying for his wife and children.
The law in on your side, you just need to see it out. Call any women's shelter for info.

Answer 10

Find out the Family Court nearby ur location and frame a case there. I hope they will settle the problems in a smooth way