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How to file complaint against my father abusing my mother
08-May-2023 (In Family Law)
My father has been physically, emotionally, verbally, economically abusing my mother from the past 30 years. He restricted her to contact my maternal side. He has no job and from the past 30 years my mother has been working as a Staff Nurse in a Government hospital and has been the bread earner of our family. He restricts her to use her own earnings on her will. He drinks a lot and abuses my mother every time. She has been through every type of torture from slaps to beaten and broke her head by an iron rod, she has injuries all over her body. As we are three daughters my mother held back, thinking about our future and career. We have been suffering since years but kept quiet. Now we summoned up our courage and want to speak out because she might end up dying at this rate. Could you please help me to protect my mother. Thanks in advance.
Hello,
Advise your mother or any other witness of the offence on her behalf to approach the jurisdictional Police/Protection Officer/Service Provider to file a complaint of domestic violence. Your mother can directly file a complaint in the jurisdictional Magistrate court for obtaining orders or reliefs under Protection of Women from Domestic Violence Act (PWDVA). Once the complaint is filed in the Magistrate court, the court is required to take cognizance of the complaint by instituting a hearing within three days of the complaint being filed in the court. The Magistrate shall give a notice of the date of hearing to the Protection Officer to be served on your father and such other persons as directed by the Magistrate, within a maximum period of 2 days or such further reasonable time as allowed by the Magistrate. The court is required to dispose of the case within 60 days of the first hearing. The court, to establish the offence by your father can use the sole testimony of your mother. Upon finding the complaint genuine, the court can pass a Protection Order against your father, which shall remain in force till your mother applies for discharge. If upon receipt of an application from your mother, the Magistrate is satisfied that the circumstances so require, he may alter, modify or revoke an order after recording the reasons in writing. Apart from the above, your mother can also file a complaint against your father under Section 498 A of the Indian Penal Code, which defines the offence of matrimonial cruelty and prescribes the punishment for the husband of a woman or his relative who subjects her to cruelty.
Advise your mother or any other witness of the offence on her behalf to approach the jurisdictional Police/Protection Officer/Service Provider to file a complaint of domestic violence. Your mother can directly file a complaint in the jurisdictional Magistrate court for obtaining orders or reliefs under Protection of Women from Domestic Violence Act (PWDVA). Once the complaint is filed in the Magistrate court, the court is required to take cognizance of the complaint by instituting a hearing within three days of the complaint being filed in the court. The Magistrate shall give a notice of the date of hearing to the Protection Officer to be served on your father and such other persons as directed by the Magistrate, within a maximum period of 2 days or such further reasonable time as allowed by the Magistrate. The court is required to dispose of the case within 60 days of the first hearing. The court, to establish the offence by your father can use the sole testimony of your mother. Upon finding the complaint genuine, the court can pass a Protection Order against your father, which shall remain in force till your mother applies for discharge. If upon receipt of an application from your mother, the Magistrate is satisfied that the circumstances so require, he may alter, modify or revoke an order after recording the reasons in writing. Apart from the above, your mother can also file a complaint against your father under Section 498 A of the Indian Penal Code, which defines the offence of matrimonial cruelty and prescribes the punishment for the husband of a woman or his relative who subjects her to cruelty.
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Adv. B. Srikiran
Hyderabad | 500+ Answers
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You can file domestic violence and 498 A of IPC case against your father. Further you can approach the Court for protection from your father. Please let me know you are from which place. If your are in Hyderabad, i can help.
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Adv. Murali Mohan Rao
Hyderabad | 100+ Answers
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Dear Client,
This would have done earlier, thank god at least you got up to do it at least by now. Your mother first come out of your father as she got economic freedom. She must take support of your family members i.e., daughters and relations from your maternal side. Put the matter before relations well wishers, mediators for solving the problem. Even if it is not solved then take legal assistance by engaging an expert advocate at your area for getting notices issued, filing criminal cases and divorce case for separating judicially. Be courageous. Don`t be complacent
This would have done earlier, thank god at least you got up to do it at least by now. Your mother first come out of your father as she got economic freedom. She must take support of your family members i.e., daughters and relations from your maternal side. Put the matter before relations well wishers, mediators for solving the problem. Even if it is not solved then take legal assistance by engaging an expert advocate at your area for getting notices issued, filing criminal cases and divorce case for separating judicially. Be courageous. Don`t be complacent
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95+
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Adv. Sistla Rama Krishna
Vijayawada | 400+ Answers
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