quesWhat relief a women have from abusive and mentally harassing husband?

Hi, My sister got married in April 2015, her husband was working somewhere else from his hometown. In laws told her to stay with them for some time and now her husband left her job and abusing her all the time . All the family member scold her in front of her relative as well. she is mentally harassing. she usually ask me what to do? and being a married sister I m helpless and answerless but I can't see her in such situation. We belong to Uttarakhand and my father is now not able to take care of her due to lack of money. Pls I need your advise what should she do to take relief?

  • ansRemedies available to your sister are:

    To make a written compliance before the women cell in the area.

    Criminal complaint can be made before the respective Police Station, specially if there was demands for dowry. (there is no mention in the query regarding any demand for money, hence i am presuming there are none)

    Also, Compliant can be made under the Domestic Violence Act seeking right to maintenance, right to residence etc.

    As far as remedy in civil law i.e. Divorce is concerned, law bars a petition for divorce within the first year of marriage unless exceptional circumstances are shown. Hence Divorce is a later remedy.

     

  • ansYour sister can complaint to police against her husband and in-laws. She also have right to file a complaint under domestic violence Act. it is important to mention that under domestic violence act she can demand monetary maintenance and also if she is in possession of house then right to live in that house being a share household. and so prejudice will be cause to your family. but she has to take a strict action.

    Advocate Ankur Aggarwal

      Uday Park, Delhi

  • ansfirst of all greetings for the day

    as it is understood from the query that your sister has been with the in-laws all this while her husband was working out of city and also when he has left his job. physical, mental, verbal abuse by the husband and in-laws entitle you to take relief under the domestic violence act and the same will help you in future. its a simple procedure and the court will help protect the interests of your sister and will also depute someone to regularly go and check for her safety.
    in the meanwhile you on behalf of your sister can get a complaint registered in the area where your sister lives for her safety.

    Advocate Amitesh Singh Bakshi

      Delhi High Court, Delhi

  • ansRemedies:

    1. Make a written compliance before the women cell in the area.

    2. Criminal complaint can be made before the respective Police Station, specially if there was demands for dowry. (there is no mention in the query regarding any demand for money, hence i ma presuming there are non)

    3. Compliant can be made under the Domestic Violence Act seeking right to maintenance, right to residence etc.

    4. As far as remedy in civil law i.e. Divorce etc is concerned , law bars a petition for divorce within the first year of marriage unless exceptional circumstances are shown. Hence Divorce is a later remedy.

    Please feel free to ask any other query,

    Regards

    Advocate Vanshdeep Dalmia

      Jor Bagh, Delhi

  • 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 Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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