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Can i get a copy of FIR filed against me? Police also misbehaving.
09-May-2023 (In Criminal Law)
My sister had filed a 498 FIR against her husband and her in laws and they in turn have filed an FIR against her but when she went to the Police Station, the FIR copy was refused to be given to my sister who had been thrown out of her husband's home.
They are misbehaving with her as well. What can she do now?
Firstly, you can get the copy of the FIR from the internet on Delhi Police Website. The police is bound to share the FIR with you.
Now, with respect to the further course of action, we suggest that you register a complaint in the Crime Against Women Cell as well and in case the Police does not take any action, then you can file a complaint under section 200 of the code of Criminal procedure to the magistrate of the competent court praying for the Court to take cognizance of the matter.
Your sister can move an application under the Protection of Women against domestic violence act praying for interim relief to retrain your sister’s husband from misbehaving with her.
Further, nobody can force his wife and throw her out of their matrimonial home. Every women has a right of residence under the Protection of Women from domestic Violence Act.
As per this Act, the husband is under an obligation to provide for residential accommodation for the wife and therefore the same can be claimed by the wife. Therefore, your sister can file a petition against her husband for the same or she can even file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Your sister can also file a petition for maintenance under Section 125 of the Code of Criminal Procedure or under the protection of women from domestic violence act claiming maintenance from her husband.
Kindly contact us for any further details and action.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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