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How to report a domestic violence case
18-Apr-2023 (In Family Law)
My elder sister is being mentally and physically tortured by her in laws and husband for 12 years now.she z bearing it till now but she can't bear it anymore.my brother in law doesn't give any food,money and other household things to my sister and their 2 children..my brother in law doesn't even talk to her properly,harasses her every time..my sister and her 2 children.. they are not getting anything to eat and we don't have enough money to continue a case..my brother in law is making everyone against my sister..we don't know what to do now..by the way my sister belongs to a Hindu family..
My dear friend, as per your query, please note that you can either follow to drop a private complain or a State specific Complain against the torture of your sister. For registering a private complain you can directly approach the Court of law with a private law practitioner. And for registering a State Complain, you can lodge a police complain.
But in all the case, the appropriate Complainer will be your sister.
If you cannot afford the cost of a lawyer, you can approach the State Legal Aid for necessary recourse. But please note that now a days legal expenditure is a need and not a desire, so suggested to appreciate the mindset!!
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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At first go to the local police station and lodge a FIR . And if your sister don't want to stay with her husband then file a divorce petition before the court. And file a case under section 125 of the Cr. P. C for her maintenance and maintenance for her children's. And without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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collect evidence on video if possible of the mental and physical torture and file online/or normal written complainants further fine case in court. as the Magistrate, if pleases can direct to make a domestic incident report to the Magistrate, in such form and in such manner as may be prescribed, upon receipt of a complaint of domestic violence and forward copies thereof to the police officer in charge of the police.
Your sister can seek both monetary and residential relief.
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Adv. Anamika Pandey
Kolkata | 25+ Answers
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In such a situation, at First a Written Complaint is essential to be lodge by the victim wife before the nearest Police Station, it will be better to choose the Police Station within the jurisdiction of husband house. Thereafter a 498(A) IPC will started against the husband and his in-laws if any. Thereafter the wife can institute two Petition before the Court of Chief Judicial Magistrate of the District under Section 125 Cr. P.C. or Section 12 of Domestic Violence Act. Remember it that, in each and every district there is an Authority called District Legal Services Authority. If any person unable to maintain fees of the Advocate and not to able day to day expenditure of the Court, if he or she apply before the said DLSA, then the authority of DLSA will provide him Advocate free of Cost. I think it will be better option for your sister to lodged noted above Cases against her husband.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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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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