- This topic has 36 replies, 32 voices, and was last updated 1 year, 5 months ago by
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UMy brother in law was beating and harassing my sister. After knowing that we bring back our sister to our home. So last night he was drunk and come to our house . My father was not in home it was only me and my mother and sister. He assaulted me and my 65yrs grand father. We dailed 100 and given complaint to police they came after 2hrs of call. He abused us and I can’t be say those words those that brutal .Police said come to station at 10 am today cause it was late night they came and they said can’t arrest a drunken man in the marriage matters and left after he went to his home. We want divorce and not see his face in our life. I have videos and recordings and his abusing us. How can we go legally to make sure he get punishment he deserves and make sure our sister get divorce and set free from him. Plz help me out.
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UYou can file all sorts of cases. Just contact a good lawyer. He will get you a good deal of money too
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CHe is a man so in marriage cases he is at loss from every angle. Also next time dial 112 instead of 100.
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PFirst be sure , if your sister wants divorce and she should be able to sustain herself after divorce without anybody help ?! If not she should start focusing on being independent in her near future . Also find a lawyer and push for the divorce only after your sister confirms if she is ready to . And please do not push your decisions/feelings into this cause it’s her life and you cannot support her forever .
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HFile an FIR immediately with the videos and recordings as evidence for assault (Sections 323/506 IPC) and domestic violence (Section 498A IPC). Consult a lawyer to file for divorce, child custody, and a protection order under the Domestic Violence Act to ensure your family’s safety. Approach the state women’s commission or a local NGO for legal aid and counseling support. If the police delay action, escalate the matter to higher authorities. Prioritize securing justice for your sister and protecting her child’s well-being.
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MExactly why all the law had been made to protect women, because one man has committed suicide while women have been dying in huge numbers numbers since hundreds of years because of the brutality of men. Anyway, you can file 498A, domestic violence (make a backup of the videos) and also a maintenance case where he needs to pay some amount of money every month towards his wife. These 3 cases are good enough to get your sister out. 498A is non bailable , but you have to move swiftly or he can take anticipatory bail, and also the police do a lot of meddling to get money out of both parties in both cases. Show them the videos and tell them you will put it on social media, your sister has to go to file FIR. But they won’t take the case in one go, they will try to extract money. But file 498A fast. In 498A use name of his full family to get a fast solution. If it’s just the man, he tends to stretch the case very long. And then attempt to murder and all can also be filed for making a secure case.
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ULaw is a failure if even one innocent has to suffer, it has got nothing to do with gender,or years.
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MThen law has been in failure for a very long time! I have spoken to a single maid who has said their husband are nice, most of them get beaten by their husband and have to run their homes them self. This is just my experience, and I might have met 20-25 such women in my lifetime. Imagine the real numbers. The law exists but to implement it so that not one person suffers at the hand of another, we probably need many more decades/ centuries. But please don’t forget, women have been the biggest losers till then. They’ve been burnt and beaten and harassed much more than a few men who are complaining on social media.
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UIf you are a girl, file sexual assault case. Ask police for an FIR copy. And send that FIR copy to his place of work. File divorce as well immediately.
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UIf your sister wants divorce sit together and go for a mutual divorce. Filing cases won’t solve any purpose as it may take 8 to 10 years to get the alimony or maintenance.
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UI think you don’t know how the Indian judiciary works.
Time is money, so don’t waste time. If wants to give the punishment, give it by yourself.-
UI know the judiciary quite well. It takes time. Lot of time. But he should be punished. He shouldn’t get away just because it’ll take time.
Also, I think you feel that this is a movie and that punishment should be given by ourselves but get a reality check.
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UBetter to follow a movie concept if we need justice.
Justice delayed is justice denied.
People who are killing innocent people not getting punished. You feel just abuse and these domestic issues will get him punished.
Just discuss this with any such victims and you will understand if filing cases had helped them.
They may run around the court for sure but nothing will happen to them.
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BLawyer here.
Please contact a lawyer immediately. Immediately go to the Police Station and register an FIR under Section 85 of the BNS. The lawyer will help you with the divorce proceedings and will take other measures as per the facts of your case. The lawyer will also guide you about filing a Complaint case against your brother-in-law for hurt, assault, use of criminal force, etc.
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UIf you keep it a marital dispute it will remain a marital dispute. If you make it a criminal complaint of hurt or grievous hurt, it becomes a criminal complaint.
File an FIR of grievous hurt, trespass and they will have to register. If they dont, file a complaint before magistrate and at the same time a divorce case. The drunk will be stuck in criminal cases and will be ready to give divorce.Dont threaten to do so. Do it first. No body is scared of threats these days. Only actual complaints matter.
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UWhat kind of police is this? If you have all videos and evidence, they should immediately arrest him.
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QLodge an FIR at your nearest police station. Ask the police to “register” the FIR. Don’t just let them out in down as a station diary entry. That means nothing. You need to get it registered. Write everything down in a letter beforehand. It’ll make it easy to fill up the FIR format. If they refuse to register, there are certain ways to get it registered as well. You can write a letter to the Superintendent of Police that the police station on refusing to register the FIR and request him to direct the police station to register it. If nothing happens even after that, you need to consult a lawyer to file a 1CC case before a Magistrate who will then direct the police to register it. After a direction from magistrate, police will have no choice but to register it. Please remember, unless and until you get the FIR registered, investigation cannot start. Once FIR is registered, police will investigate and file its report. That is a criminal proceeding.
Divorce case is completely separate. You need to consult a matrimonial lawyer or a family law practitioner, and get them to send a legal notice for divorce. Divorce is a civil proceeding. You need to also file for maintenance and child custody.
You can also ask your sister to file a DV case or a domestic violence case, which is again a completely separate legal proceeding.
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VHi lawyer from delhi here!
Submit a complaint for domestic violence through your sister and then submit a complaint for trespass, physical assault against senior citizens and your, criminal intimidation.
File for maintenance.
And you can also file for divorce under the said grounds.
Feel free to reach out to discuss in detail.
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