Legal Question in Family Law in India
phsical &mental torture , domestic violance
I am a woman from Punjab , married to a engineer in Bihar. Due to dowry conflict with my parents my in-law &
husband physically & mentaly torture and harassed me . My
father in-law is a doctor and himself forcefully aborted my pregnancy against my wish . Now my husband refused to live with me , not giving any money or proper food . They try to prove me as a psychiatric patient with the help of a doctor . They forcibly send me to my parents house.
Now with a fear of any legal action from me , my husband in advance file a harassment & divorce case and I refused to received the court notice from the post peon.
In this circumstances wheather I am able to file a
FIR or case under 498 A? Or go to women commission ? Wheather
I am able to file FIR or legal
case from Punjab ? But my husband is a resident of Bihar and advancely approached
the court there and my marriage
took place at Bihar. Now it is
impossible for me to go Bihar to file case in risk of life.
5 Answers from Attorneys
Re: phsical &mental torture , domestic violance
Since you have not received teh summons as yet, the best course would be for you to file a divorce case in the court where you are presently residing; and also file proceedings u/s498A against the husband and his family.
Thereafter, when your husband cites the prior case filed by him, you may ask your local court for transfer of husband's case to the local court on grounds of hardship.
Re: phsical &mental torture , domestic violance
you can file case where you are living
you can still register an FIR against him
you should have rcd summons from that court anyway if it came by post then you can ask the post man for the detail and send there a letter explaining the difficulties
go to women commission and they will guide you ..... as far as i think they can
Re: phsical &mental torture , domestic violance
You have every to file complaint to Women Against Crime cell and in the event of non taking any action, you may file the complaint case to the concerned M.M.Courts. According to the Supreme Court, the complaint will lie to concerned court where the husband caused you harrasment.
You have done wrong thing by refusing the summon because on your refusal the cout may proceed ex-pate proceeding against you. It is better for you defend the case through your attorney. For the transfer of the case from Bihar to Punjab, you may move to the Supreme Court on hardship ground.
The jurisdiction for filing the divorce case by you lie in Bihar as your marriage took place in Bihar. However you can only file the divorce case in Punjab if you are residing in Punjab for more than 6 months.
For further query contect me or any lawyer.
Re: phsical &mental torture , domestic violance
Yes you can file a criminal case against your husband, his father and any other relative who committed cruelty on you. You can also file a case under newly enacted law - Domestic Violence Act. You need not to go to Bihar for filing a case against your husband/in-laws. The place where u r living will have jurisdiction over the matter. Please feel confident of your rights and pursue your case vigourously. If you need help, you can get free legal service from STATE LEGAL SERVICES AUTHORITY.
Re: phsical &mental torture , domestic violance
You may file complaint u/s 498-A / 406 IPC for harassment,etc.in your near by Police station etc.you may also file case maintainance.Ther are many ways to get punished your husband. For any other query you may call on my mobile no.9873343288
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