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Complaint to mahila aayog not helpful. How to get in laws punished?
22-Mar-2023 (In Divorce Law)
My sister has been a victim of domestic violence by her husband and in laws. When this continued for quite some time, we filed a complaint with the Mahila Aayog but nothing has changed / improved.
Now we are in a situation where we see no possibility of sending our sister back to her husband's home and want to ensure that her husband and in laws are subjected to the maximum punishment for the abuse and violence they have given to my sister.
What all legal routes do we have through which we can ensure that the culprits get a lesson and do not have it easy after what has been done by them.
We understand your sister's plight and would suggest that in case she is being subjected to physical violence by her husband and / or in laws, it should not be taken lightly and more so as your appeal to the Mahila Aayog has not really resulted in the situation getting any better.
Firstly we would suggest your sister to register a complaint for cruelty under Section 498A of the Indian Penal Code or for Domestic Violence under the Protection of Women from Domestic Violence Act or both.
We would like to specify that the complaint under Indian Penal Code is a Criminal Complaint while the Complaint under Protection of Women from Domestic Violence Act is more of civil nature. The criminal complaint made against your sister's husband and his family will ensure they are punished and penalized for their wrong doings and harassment meted out towards your sister.
Thereafter your sister can file a complaint before the Court praying for Protective Orders, Monetary Relief, compensation orders and even custody orders in case she has a child.
Furthermore, she can also claim maintenance under Section 125 of the Code of Criminal Procedure.
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Adv. Sudershani Ray
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