Community › Forums › Legal Advice India › Can any case be filed on me?
- This topic has 18 replies, 7 voices, and was last updated 1 year, 2 months ago by
Indianmaster9865.
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IIndianmaster9865
PARTICIPANT
April 25, 2025 at 9:54 amHi all,So my sister was in an abusive marriage with a narssicist psychopath for many years. Husband threw things at her, chocked her neck and twisted her arm where she got a sprain in her forearm. She hid all this fearing family reputation among relatives and society. Final nail on the coffin was when she found out that he was cheating on her.
2 weeks back, sister called us and revealed everything. She said she won’t live with the monster anymore as she feels unsafe around him.
My dad was so enraged that he too decided to bring my sister back home with her kids. Last week, we all went to their apartment, sister packed her stuff already to come with us. I carried a baseball bat with me to scare the husband (as he is known to be abusive. I had no intentions to hit him with that initially) The husband was sitting at a table and silently watching. After all the stuff was kept out and kids were kept outside, my sister, with us all in front of the husband confronted about his affair with his colleague. He started hurling bad language at her. My dad also started shouting him. Husband lost his nerve and threw a metal bottle at him and when my uncle came in between them, husband started throwing punches at my uncle. He held my dad at shirt collar and was trying to hit my dad. Seeing this, I don’t know what came into me and I started swinging the bat at him. I’ve hit him so hard at his shoulder, left arm and leg. I was about to swing another hit, my sister held me back shouting that he will die. I stopped and came to my senses. The husband also lost his balance fell on ground with my dad on him. He landed on a balcony aluminium slide door frame which also caused him severe injury. My dad and uncle got injured in this fight. They’re both elderly.
I immediately called 100 and asked the police to come to the apartment. But they delayed. Luckily we got my sister out, put all her belongings and kids into the car, came out and I again called the police. They said since we’re out of the house, they asked us to come to the police station and lodge the complaint. We did the same. Took the acknowledgement from police.
My sister still didn’t file any case on the husband. We got to know from mutual friend that the husband was badly injured during the tussle and got admitted in the hospital, where he got dislocated shoulder and will have plates installed into his shoulder through surgery. Now me and family are worried that the husband will put any assault case on me.
My sister has all video proofs of his abuse. Even she has the proofs of his affair. She is planning to file a domestic violence case on him at women’s protection cell soon.
Please advice.
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DDesibear1296
PARTICIPANT
April 25, 2025 at 9:59 amYou did the right thing. Dont worry about the complaint now. No biggie. Happens a lot.-
IIndianmaster9865
OP
April 25, 2025 at 10:33 amThank you
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DDesiknight9081
PARTICIPANT
April 25, 2025 at 10:11 amHi. Iβm a Delhi based lawyer. Kudos to you and your family, for saving each other from his atrocities. Yes please go ahead and file a domestic violence complaint against him and whatever else is needed to get your sister whatβs legally and rightfully hers. Please reach out for any support.-
IIndianmaster9865
OP
April 25, 2025 at 10:34 amThank you. Should I be worried if he files any complaint on me? I’ve really hit him very badly.-
DDesiknight9081
PARTICIPANT
April 25, 2025 at 10:36 amI believe he would have done it by now if he had any intention to file a police complaint. Nevertheless, you can use self defence as your armour, and get a good lawyer on board in advance, should the situation arise.-
IIndianmaster9865
OP
April 25, 2025 at 10:38 amHe didn’t file any case yet. My guess is, he knows what happens to him if he goes to police. My sister fears that he might hire goons to beat me up. We have written the complaint to police seeking protection from him.-
DDesiknight9081
PARTICIPANT
April 25, 2025 at 10:42 amThat was wise. But once the domestic complaint is filed, he wonβt have the courage to do much.-
IIndianmaster9865
OP
April 25, 2025 at 10:45 amThanks again. This gives me a little relief.
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HHinaowl339
PARTICIPANT
April 25, 2025 at 10:13 amBohot hi janawar type ka description hai tumhare jijaji ka π¬ an eye for an eye! Tell your sister to gather all the necessary proofs and go ahead with the DV case! Heck! Even take an NGO help if necessary. The βBRo in law β needs to know there will be consequences to his actions.Donβt worry about yourself , you can say you did it in self defence especially involving elderly.
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IIndianmaster9865
OP
April 25, 2025 at 10:35 amThank you so much for your encouraging words.
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IIndianshivansh3984
PARTICIPANT
April 25, 2025 at 10:58 amYour actions, although understandable within the moment and considering the broader context involving your sister, were still unwise. The fact that you preemptively carried a weapon (the bat) does not reflect well on you.Now, since during the tussle your brother-in-law has been seriously injured to the extent of requiring surgery with metal plates, he could easily implicate you under the following provisions:
1. S116, 117(1), 130, 109, 190, 333 BNS,
2. S25 of the Arms Act, Moreover, your uncle and father could also be named as co-conspirators in the matter.Your sister and her actions against the brother-in-law are a separate thing.
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IIndianmaster9865
OP
April 25, 2025 at 11:39 amOh god…
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SShivanshstar626
PARTICIPANT
April 25, 2025 at 11:18 amYou will need a lawyer but the court empathizes with such situations.I beat a guy half to death with stitches on his head, a dislocated jaw, a broken finger and rib for slapping my senior citizen father.
My father asked the guy to move his car from the middle of the road and did speak rudely but was not abusive, the driver of the vehicle was drunk and proceeded to get out of the car to slap my father.
I had to spend 2-ish days at a police station but nothing more. Did have to spend money with the cops and with the lawyer.
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IIndianmaster9865
OP
April 25, 2025 at 11:40 amOhh… I will talk to lawyer and see if I can get some anticipatory bail in case if he files a case against me.
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PPrimetejas7441
PARTICIPANT
April 25, 2025 at 11:54 amAll he needed to show is a video or camera capture of you walking with a baseball bat !! What were you thinking , walking in with a weapon to assault before the altercation ?! And did you copy the story from some other reddit abroad than india ? Baseball bat seems sus for an indian household.-
IIndianmaster9865
OP
April 25, 2025 at 11:58 amI play cricket and I use baseball bat to middle the stroke properly. I couldn’t find the middling practice bat when I was looking for it and then settled with baseball bat.He was known to be abusive. I thought of carrying it to scare him. But he still came at my dad and uncle.
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PPrimetejas7441
PARTICIPANT
April 25, 2025 at 12:11 pmI think if cases filed it would be from both sides , it may now lead to compromise from your sister end just to save you-
IIndianmaster9865
OP
April 25, 2025 at 12:44 pmI think that might happen, which will be difficult for sister as she has to take care of the kids.
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