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legal rights against domestic violence against in laws?
30-Jun-2023 (In Family Law)
sir, my sister got married on 18may 2014. sir after marriage my sister is stay with her mother in law sister in law n one brother in law. starting from the marriage they all hrassed him..by physical abuse for dowry,they also try to kill him two times...her husband is highly alkohalic addicted he also not supported him n try to kill him now my sistr blessed with a baby girl in march this year.now the all treated him very badly becoz ofgirl child. her husbund refuse to girl for his own child .my sister is vvery depreesed n weak.she dont want to take divorce nd dont want to live with us after maariage becoz of society nd feeling shane alll.sir now recently husband again fourth time try to kill him .my sister leave house and come to us in late night..airforce administration syy to us dont file civil complain give us to a chance..so we dont file civil complain.what we shoud do sirr.
You must file an FIR against all accused under domestic violence and 498A .several times they have tried to kill/give harassment her several times as you are writing here .So just go ahead and get justice to your sister without delay.
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Adv. R.K. Gupta
Indore | 25+ Answers
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You can file a complaint/petition under first class magistrate or metropolitan magistrate under section 18 of protection of women from domestic violence act . The magistrate can give orders for the following:
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified inhi the protection order.
(a) committing any act of domestic violence;
(b) aiding or abetting in the commission of acts of domestic violence;
(c) entering the place of employment of the aggrieved person or, if the person aggrieved is a child, its school or any other place frequented by the aggrieved person;
(d) attempting to communicate in any form, whatsoever, with the aggrieved person, including personal, oral or written or electronic or telephonic contact;
(e) alienating any assets, operating bank lockers or bank accounts used or held or enjoyed by both the parties, jointly by the aggrieved person and the respondent or singly by the respondent, including her stridhan or any other property held either jointly by the parties or separately by them without the leave of the Magistrate;
(f) causing violence to the dependants, other relatives or any person who give the aggrieved person assistance from domestic violence;
(g) committing any other act as specified inhi the protection order.
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Adv. Rakesh Kumar Vishwakarma
Bhopal | 25+ Answers
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I think your sister should take divorce from her husband. Looking at the conditions mentioned by you, taking divorce seems to be necessary for the future of your sister and her girl child. Keep supporting her. Further your sister should also launch FIR against her husband and in-laws under section 498A of IPC if the condition requires so. You mentioned that air force administration told you to not to file civil complaint, but why? Does her husband work there? You are not clear here. Explain in detail.
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Adv. Pradeep Naik
Indore | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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