What is the procedure to file complaint against Husband and In-laws

There are strict laws under the Indian Penal Code against cruelty towards a married woman. The provisions of the Indian Penal Code that deals with harassment of a woman by her in-laws is stated under sections 498-A and 509.

Section 498-A: This section deals with cruelty, either physical or mental, against a woman by her husband or any of the relatives of the husband. The offense under this section is punishable with a term which may extend up to 3 years of imprisonment along with fine. The offence under this section is non-bailable and non-compoundable (a compromise cannot be entered into between the parties).

Section 509: This section punishes an act of a person intended to insult the modesty of a woman using any phrases, words, act, or gesture. The section punishes such an act with simple imprisonment of 3 years. The offence under this section is bailable, compoundable (a compromise can be entered into between the parties) and cognizable (an arrest can be made without a warrant).

In case the issue involves an act of domestic violence, a complaint under the Protection of Women from Domestic Violence Act can also be filed. Section 17 of the act provides women the right to her matrimonial home if the in-laws are refusing the same. Further, section 18 of the act can be used to prohibit the accused from doing certain things if the woman was subjected to domestic violence and the possibility of its reoccurrence still exist.
 

Taking help of a lawyer

A case as serious as mental harassment is an issue of real concern and shouldn’t be ignored at any cost. It is a complex issue and in a country like India where there is a huge pile of cases pending, should be dealt with the utmost attention. With all the false 498A cases flowing around it may get difficult in the court to prove your claim and thus need to have a good family lawyer by your side is essential. An experienced family lawyer can help you make a rock-solid case with minimal chances of failure. He can also help you understand the complexities of the legal system and can represent your case in the court efficiently ensuring good chances of winning.
 

What happens if the issue is not resolved timely?

A case such as yours is time-bound under the Limitation Act. In case the complaint is not filed within a reasonable time after the occurrence of the offence, the court may not entertain your complaint unless you have a valid cause and you may not even get a chance to ask for justice. Thus, it is of utmost importance that timely action is taken to resolve the criminal issue and therefore, it is advisable to take the help of a good family lawyer to help you through your case.