Legal Question in Family Law in India

You should have to file the case in the court and have to save every evidence in support of her against the charges. For more advice, contact:

Facts will vary to each and every case and depends upon circumstances. For example,

an incident noted as cruelty in one case may be decided not cruelty in another case. To convict the culprits, you depose evidence clearly in witness box as per 156 CrPC Statement without any contradiction.

Firstly, to prove a case of domestic violence, you have to prove that you had shared had domestic household with them. It has been held in various cases that a domestic violence case cannot be filed against persons who have not shared a household with you. Also, since you have your husband supporting you in this regard, your case is strong. You along with husband can approach the police station of your locality and file a complaint regarding the domestic violence and torture meted out you by your in-laws. The police will file an F.I.R. and undertake police investigation.

You may oppose the Anticipatory bail which your in-laws would apply for. The chargesheet would be submitted on the basis of police investigation and charges would be framed. The matter would be heard by the appropriate Court along with the witnesses of both sides. There would be examination of the witnesses and the accused. Finally the Court decides the case which results in either acquittal or sentencing.

This whole process takes quite a lot of time. Section 498A of IPC reads as �Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.� The quantum of punishment depends on the facts of the case and it is upon the Court to decide.

Get a lawyer to guide you through the entire process since this matter requires an expertise. You can call me at 09555 507 507 or send me a mail at [email protected]

-Regards

Advocate Pooja

www.lawkonect.com