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Husband tried killing wife what legal action can we take?


22-Jan-2023 (In Criminal Law)

My sister is married for 11 years now. They hav two kids , boy (8) and a gal(6). Her husband has many extra-marital affairs and he has drunk and beaten my sister many times in all these years. She tolerated all this for many years just to save their marriage. But recently he tried to kill her by choking her neck. She has filed FIR with charges Domestic violence,attempt to murder and extra marital affairs.I want to know what actions can be taken next and what is the procedure for non bail warrant against him and what will be her rights if she files divorce and who will get custody of children.

Answers (3)

Answer #1
546 votes
If FIR is under section 307 i.e. attempt to murder No need of Non bailable warrant It is duty of policemen to arrest him. And if the FIR is not under such sections the move an complaint case in District court having Jurisdiction.
Rest file a writ for fair and speedy investigation in the High Court.
Contact Lawyer in Person so that he can advice you in better manner after going through your documents.
dont seek virtual advice on matrimonial issues and if possible try to settle the issue but doent seems that it can be settled.
Answer #2
581 votes
Hi
Dear,

You have not mention some point in your query as..
(a) what is running stage of case (FIR) now?
(b) where are your sister living in present time?

Yet I would like to you advise as..
(1) File maintenance complaint under 125 Cr.p.c against husband.
(2) Attempt to murder is a non bailable offense.
(3) If she file divorce than Court will ask wife that she want custody of children or not after after Court will decide.
Answer #3
658 votes
You want to live with the husband or want to divorce him. If you wish to divorce him you may take many actions for him to be sent to jail. Please meet in person with all the details for doing the necessary action in this regard.

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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