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what are legal rights against domestic violence?
14-May-2023 (In Family Law)
My brother in law beating my sister..now even at the time of her pregnancy at the 8th month , he is beating for no reason. His attitude is like phyco. He is beating even his mother n grand father also..we unable to take action until my sister's delivery. But couldn't tolerate that phyco to reach my sister again ..we are actually afraid .so as per the law can we take any action against him with out giving divorse till delivery
First bring your sister back to your home. If your brother-in-law come to your place, you give a police complaint and make him arrest for cruelty and harrsement. And if you want to file divorce, you can file which takes time. By that your sister will get delivered.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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Hi
You have plenty of options such as filing
1) a Domestic violence case either at women police cell or at the court
2) Filing a criminal case under Cr.P.C etc
Given that your sister is in advanced stages of pregnancy, please try to get the elders to speak to the brother in law or even a senior police official can also counsel(polite warning ) the brother in law and ask him to refrain from getting physical
If things continue post child birth, probably you can lodge an official complaint.
You have plenty of options such as filing
1) a Domestic violence case either at women police cell or at the court
2) Filing a criminal case under Cr.P.C etc
Given that your sister is in advanced stages of pregnancy, please try to get the elders to speak to the brother in law or even a senior police official can also counsel(polite warning ) the brother in law and ask him to refrain from getting physical
If things continue post child birth, probably you can lodge an official complaint.
Helpful?
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Adv. Rajagopalan
Hyderabad | 500+ Answers
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Hi,
You can approach the near by police station and give a complaint in writing for the harassment by your brohter-in-law he will be taken care by the police people nicely, divorce is your option if to file it or not .
You can contact us further through the website
You can approach the near by police station and give a complaint in writing for the harassment by your brohter-in-law he will be taken care by the police people nicely, divorce is your option if to file it or not .
You can contact us further through the website
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Adv. Mohammed Abdul Quadeer
Hyderabad | 400+ Answers
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Hello,
Your sister can immediately lodge a complaint with the police and the police will register an FIR under Section 498A of IPC against your sister's husband for subjecting your sister to cruelty. After registration of FIR, your brother-in-law will have to secure anticipatory bail to avoid arrest or may secure regular bail upon surrender and thereafter, the police after completion of investigation will file charge sheet and the case will come for trial. However, the trial process in 489 A case is a lengthy one and your sister may not get immediate relief. To get immediate relief from her husband, your sister may have to file domestic violence case against your brother-in-law and can seek protection order against her husband's domestic violence. This is more effective as the magistrate court will be fast in providing the relief to your sister.
Your sister can immediately lodge a complaint with the police and the police will register an FIR under Section 498A of IPC against your sister's husband for subjecting your sister to cruelty. After registration of FIR, your brother-in-law will have to secure anticipatory bail to avoid arrest or may secure regular bail upon surrender and thereafter, the police after completion of investigation will file charge sheet and the case will come for trial. However, the trial process in 489 A case is a lengthy one and your sister may not get immediate relief. To get immediate relief from her husband, your sister may have to file domestic violence case against your brother-in-law and can seek protection order against her husband's domestic violence. This is more effective as the magistrate court will be fast in providing the relief to your sister.
Helpful?
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Adv. B. Srikiran
Hyderabad | 500+ 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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