Now let me give you a frank & practical opinion in this case, since this case relates to a famous industrial family any help sort from any marriage councilor will be futile exercise & they will be able to browbeat such marriage/welfare councilor with their influential approach. Here this lady requires service of very senior & expert lawyer who can handle her case effectively in the court under the Protection of women from domestic violence Act,2005. Under this Act this lady can seek protection order against her husband & his other family members from the court on the basis of the mental & physical abuse inflicted on her by her husband. She will have to approach the court for such warning to her husband in the form of protection order under section 22 of the said Act. The benefit of such protection order is that any failure by her husband or any his relatives of this protection order can make him or them face prosecution under section 36 of the Act which states Penalty for breach of protection order by respondent.-
(1) A breach of protection order, or of an interim protection order, by the respondent shall be an offence under this Act and shall be punishable with imprisonment of either description for a term which may extend to one year, or with fine which may extend to twenty thousand rupees, or with both.
(2) The offence under sub-section (1) shall as far as practicable be tried by the Magistrate who had passed the order, the breach of which has been alleged to have been caused by the accused.(3) While framing charges under sub-section (1), the Magistrate may also frame charges under section 498A of the Indian Penal Code (45 of 1860) or any other provision of that Code or the Dowry Prohibition Act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those provisions.
Considering the gravity of this case & the position this lady is this is the best way out, even any marriage/welfare councilor won't be able to handle this issue independently as the husband no doubt in that case will continue this abusive act of his against her rather his abuse will increase after he comes to know that she approached some marriage or welfare councilor for this family dispute, but after obtaining the protection order from the court at least wife can rest assure that the physical & mental abuse will be reduced if not completely finished against her & she will have an option open to again approach the court for the prosecution of her husband for any such abuse if it continues. This protection order is a step before actual prosecution & punishment against the abuser.
2007-09-23 17:21:54
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answer #1
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answered by vijay m Indian Lawyer 7
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I see you took your bitter pill today, huh? Well, from a woman's point of view..... Let's see...... 1) It takes 2 to make a baby. A woman is in control of her body & a man is in control of his body. If a man doesn't want a child then he can either wear a condom or get snipped. Or, he can just say NO to sex.... A man will do anything for sex so I don't think manipulation is right. 2) I am a woman & I've never made false accusations. If you're involved with that type of woman, then there were probably signs before she made false accusations as to the type of character she is. 3) Yes, there are some very bad women out there who just want to "punish" their ex. Again, there were probably signs there before she became a witch so it's just as much the man's fault. 4) There is such a thing as a prenuptial agreement so if one gets married without one & then looses his/her stuff, then it's his/her own fault for not having a pre-nup in the first place. That being said, one must be careful when choosing someone. Decisions should never be made out of lust. Decisions should be made together. Then, when a family is started, the man should not shirk his parenting responsibilities. He helped make the child, he can sure help by change a diaper, help around the house, etc. He may earn more respect by chipping in instead of feeling that he's the king of the castle & doesn't have to lift a finger at home because he's been working all day. The wife has been working as well & if anything, does more work at home than if she worked for pay in the workforce. Does a woman deserve everything in a divorce? No. Does she deserve 1/2? Yes. Should she make false accusations? No.
2016-05-17 04:49:23
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answer #2
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answered by Anonymous
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After giving this advise you should stay out of her affairs.
She should find a divorce lawyer in the phone book and sue for divorce, the lawyer will arrange every thing.
You wrote,"the guy is cheating on her and he is abusing her mentally and physically".
If it is true then there should be no problem getting a divorce and child custody and the alimony.
Main problem may be collecting all the benefits if the guy has no Income, just cash support from the family wealth but all this can still be worked out.
2007-09-23 15:46:44
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answer #3
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answered by minootoo 7
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I live in London, and we have refuge for women in your friends situation, even the police would be very helpful especially when children are involved and abuse taking place. Her parents are wrong, she shouldn't have to face this on her own.. I am sure the Law in India would be on her side, due to the fact that is committing adultery, you have to tell your friend to find some proof that he is, and when he is abusive, when he is harming her, tell her to go the doctors, they will write a report down, and even tell the police. Tell her to go and see a lawyer, i am sure they will tell her what move to make next. Tell your friend to be strong, and there is help out there. Good luck
2007-09-23 08:20:08
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answer #4
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answered by Ruksana P 4
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I think the best option is to contact some NGOs in Chennai and get their advice. I am Bangalore-based but I am in touch with a lot of organisations around the country. I can find out who works specifically on domestic violence if you like.
Here in Bangalore Vimochana and Hengasara Hakkina Sangha work with survivors of violence, also IFSHA in Delhi, they would probably have info on their websites (but I don't have their website addresses just now .. however you can google and find them I think)
Try searching www.karmayog.org, they have listings of NGOs around the country.
An organisation called Aashraya in Chennai offers counseling for adult survivors of Child Sexual Abuse .. they may be able to help or put you on to someone who works on domestic violence. Their email is ashraya4u@hotmail.com
Another Chennai org is Tulir at www.tulircphcsa.org, again, they work on child abuse, but could put you on to counselors for domestic violence.
Also check out MAVA it's a men's organisation,
Bombay-based, working to end violence against women and they might have useful info on their website at www.mavaindia.org
2007-09-23 09:13:46
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answer #5
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answered by Anonymous
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Dont interfere in the domestic affairs of others. What you have heard is heresay and being her friend you are likely to be biased in your views. It is better you let your friend decide for herself what she wants to do since she is an adult, instead of you stepping into their domestic issues uninvited. Has your friend authorised you to take up the vakalat on her behalf ?
She can always contact the state womans commission, or the national commission for women or the local police station or the local magistrate or an advocate or the womans protection cell etc etc. She has many options to choose from but it is her call not yours. If you show over enthusiasm people will get the wrong idea about your motives.
2007-09-23 10:20:59
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answer #6
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answered by Pramod R 4
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Look in your local phone book, there are usually all kinds of crisis numbers inside the front cover. If you don't see exactly what your looking for, call anything related, most can give you referrals to someone that can help. Good luck!
2007-09-23 07:21:28
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answer #7
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answered by Anonymous
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There has been a mushroom growth of such persons/organisations, of late. But you must exercise due caution before approaching them! Do carry out a proer checking of their credentials before engaging them as most of them are just interested in their own promotion & projection...
Take Care...
2007-09-23 22:22:00
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answer #8
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answered by sharma.kulbhushan 5
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I believe that misuse of Domestic Violence Act is bad. When husband & parent both are against divorce, why you are with the mission to do wrong to two family and small children? Why do not you help her in giving up false ego.
2007-09-23 19:07:30
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answer #9
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answered by Honey786 4
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well as of in india there are not much women's association and women councilers who can help about this issue but her best chance is to approach the nearby women's police station and if she was physically abused if there is enough evidence to prove it ,then there is a best chance to lock that bastard for atleast few years ,tell her not to wait and ask her to contact them immediately and they will definitely take care of this issue and no matter how rich he is ,women cops will definitely do something.
2007-09-23 07:15:26
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answer #10
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answered by Anonymous
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