How to file case under domestic violence against brother in law?

891 votes

Lode a police Complaint besides moving before the Magistrate to file a domestic violence petition. You should do the needful without wasting any further time. .....

LawRato LawRato

747 votes

You have a choice to get registered an F.I.R. against yours' brother in law under section 498-A,504, 506 I.P.C. and section 3/4 of D.P.Act through magistrate under section 156(3) Cr.P.C. If you succeed in filing the F.I.R. you would able to win the case.
Thanking You.

Advocate Shishir Dwivedi LawRato

628 votes

Your sister can file a case under Protection of women under Domestic Violence Act 2005 .Instead of filing separate cases under Dowry,Criminal Breach of Trust(Return of Streedhan),Maintenance this single complaint is sufficient to save your time money and efforts as it covers all civil and criminal areas.You have to file a complaint Application Under Section 12(1) of the act claiming relief under various sections
Protection orders Under Section 18
(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 in the protection order.

Residence Orders Under Section 19
(a) restraining the respondent from dispossessing or in any other manner disturbing the
possession of the aggrieved person from the shared household, whether or not the respondent has a legal or equitable interest in the shared household;
(b) directing the respondent to remove himself from the shared household;
(c) restraining the respondent or any of his relatives from entering any portion of the shared
household in which the aggrieved person resides;
(d) restraining the respondent from alienating or disposing off the shared household or
encumbering the same;
(e) restraining the respondent from renouncing his rights in the shared household except with the
leave of the Magistrate; or
(f) directing the respondent to secure same level of alternate accommodation for the aggrieved
person as enjoyed by her in the shared household or to pay rent for the same, if the circumstances so require:
Provided that no order under clause (b) shall be passed against any person who is a woman.

Monetary Relief Under Section 20
(a) the loss of earnings;
(b) the medical expenses;
(c) the loss caused due to the destruction, damage or removal of any property from the control of
the aggrieved person; and
(d) the maintenance for the aggrieved person as well as her children, if any, including an order
under or in addition to an order of maintenance under section 125 of the Code of Criminal Procedure,
1973 (2 of 1974) or any other law for the time being in force.
Child Custody Orders Under Section 21
Compensation Orders Under Section 22 - Here you can claim a compensation against burning your sister
Your Sister can file a case against your her Husband and In Laws both if they are too involved in committing Domestic Violence. The act gives you all relief contained in the Code of Criminal Procedure, 1973 (2 of 1974), these are covered in offence under sub-section (1) of section 31 of DVA Act .They shall be cognizable and non-bailable.

Advocate Ritu Sood LawRato