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Husbend is a drug addict and also a gambler and beats his wife
12-Oct-2025 (In Divorce Law)
Case Summary for Advocate
Client's sister, "A," is subjected to extreme domestic violence by her husband, "X," a drug addict. Crimes include: brutal beatings, forcible unnatural sex (marital rape), death threats, and throwing their 9-month-old infant. X also extorts money from A's family. A false FIR has been filed against client's father by X's brother in retaliation. We have video/audio evidence of threats and a medical report where X admitted his injury was from a bike accident while drunk.
you should immediately file a detailed complaint under Sections 498A, 323, 377, 406, and 506 IPC, along with a Domestic Violence petition under the Protection of Women from Domestic Violence Act, 2005. Simultaneously, she can file an application for maintenance under Section 125 CrPC. The false FIR lodged against her father should be challenged through a petition under Section 482 CrPC before the Hon’ble High Court for quashing
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Adv. Ajay Shukla
Adv. Ajay Shukla
Lucknow | 50+ Answers
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This is a serious case of domestic violence and cruelty under Sections 85, 86, 88 of the Bharatiya Nyaya Sanhita (BNS) / Sections 498A, 377 IPC (old law), along with extortion, criminal intimidation, and attempt to cause injury to an infant. The complainant should immediately lodge an FIR under these sections with the concerned police station or through the Magistrate under Section 173 BNSS (old 156(3) CrPC). Simultaneously, file a complaint before the Magistrate and seek protection, residence, and monetary relief under the Protection of Women from Domestic Violence Act, 2005. The false FIR lodged by the husband’s family can be countered with a detailed representation to the SP/Commissioner along with the medical and video/audio evidence already available. Interim custody and maintenance for the child should also be sought urgently under Sections 125 BNSS / 20 DV Act.
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Adv. Aishwarya Panday
Adv. Aishwarya Panday
Lucknow | 100+ Answers
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The complainant seeks immediate legal protection, justice for repeated violence, and dismissal of the false retaliatory FIR filed by the accused’s family. The available evidence and medical documents substantiate her allegations of cruelty, physical abuse, and threats to life.
Relief Sought / Proposed Legal Action:
1. Filing a Domestic Violence case under the Protection of Women from Domestic Violence Act, 2005 seeking:
Protection order
Residence order
Monetary relief
Custody order for the child
Compensation for mental and physical cruelty
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Adv. Namrata Pandey
Adv. Namrata Pandey
Lucknow | 50+ Answers
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Immediately lodge a police complaint against him under section 85 of BNS and file a contested divorce case mentioning the grounds of cruelty by your husband . Domestic violence is a punishable and non bailable offence.
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Adv. Nitanshu Sharma
Adv. Nitanshu Sharma
Noida | 50+ Answers
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You can file a Domestic Violence petition under PWDVA 2005 for protection, residence, and monetary relief, along with a police complaint under IPC 498A/506/376/377 for cruelty, threats, and marital rape. The court can also direct conciliation/mediation with your husband while ensuring your safety.
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Adv. Rishi Kumar Patel
Adv. Rishi Kumar Patel
Orai | 25+ Answers
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