Father torturing and harassing the family
10-Sep-2023 (In Criminal Law)
hello sir my name is aditya . i am 24 years old and right now studying sir my question from last 14 years my father is engaged with his freind wife and my father from last 10 year he is doing domestic voilence with my sister . and now days from last 2 years when my sister came back home after completing her studies . my father tries to attempt rape on her and yesterday i came to know about this things what should i do. whether my relative told me that nothing is goona happen we have complaint to police also but no action was taken because he bribed policemen so plese tell me my freind and family member told me that u are the son and u can only stop him by craeting fear in his mind . if he do volience with mother and sister dont stand and watch them getting beating . you should break his leg and hand once he will get dose from you he will now come to stand that whatever he will do it can go against him so strict action must be taken by you . what is legal action when i broke his leg.
If you broke his leg then you are punishable under Indian penal code so it is not adequate provision for stopping of domestic violence in your family so I advise to you you can complain first of all in Jila vidhik Seva Pradhikaran in district it is place of Pre litigation because this is family matter and the person is your father and second option that you and your family Rodger informatory petition in district court before Judicial Magistrate there after you complain nearest police station with copy of informatory petition if police do not take your FIR there after you can lodge complaint before superintendent of police and next option is you can directly file the case Domestic Violence Act against your father in district court before judicial magistrate
It's very unfortunate but you have to deal with problem. Write an application (should be written by your sister or mother) discussing all the matters, specially what ever happened with your sister and mother, go to the pllice station asked them to lodge FIR. No matter what they say or what they do. They can't refuse. Take the receiving or the copy of the application and attach it with another application addresses to the superintendent of police writing the reason for that second application and give it to him. Other than that give copy of that application to the CM, DSP of the concerned police station. Despite all these if nothing has been done file a complaint case in the court and request to send it to the police to lodge an FIR or if not want to do so proceed with the complaint case. In both cases your problem will be addressed. Dealing directly with your father may implicate you in some legal problem.
First of all you went nearest police station, explain all the facts before the police and loudged FIR against your father .pls don't take law in your hands. Second option is you may file complaint case before court directly.
Well, as you described your question no doubt it is very painful but you don't take Law & Order in your Hand. You complaint before police & its senior officer ,besides it if no action will be taken by the police then your sister & mother will complaint before the MAHILA AAYOG through registered post or face to face. You may consult & complaint immediately before the secretary of D L S A of your District court without hesitation , for which no fee or Advocate is required but you must have to describe your problem in written application And above steps will be far better than to file a case under domestic Violence Act. Be cool , maintain patience, consult as stated above , surely you will get relief but don't break / hurt your father otherwise you will be in jail .
Best of Luck.
Best of Luck.
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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