Legal Advice

Domestic violence by husband

Shivendra Pratap Singh


High Court Lucknow

Question asked on: 14 Sep, 2015

Domestic violence committed by the husband in the shared household. Sir my husband is a sepoy in up police and he is having sexual relation with his bhabhi. I got married to him on 14 Feb 2014 as per Hindu rites Rivas and his family asked for 10 lakh Rs my father gave to him before marriage when I got doubt on him and asked for end this relationship with his Bhabhi then he had started to beat me and forcefully he had given petrol Botel in my mouth for a drink.

I applied for call details and I found that his Bhabhi made 319 calls in 42 days to his mobile. He has left me from 4 months at my home when my father went with me to my law’s home to drop me then he said to my father that tu mere ghar kaise gaya tere muh me moot dunga.

Then I return with my father to my home. And filed FIR against him. Please tell me is there the father mistake that he has given birth to me as a girl so he is listening so bad word only due to me. Please advice me for legal and fast action against him.

You should file a complaint under the Domestic Violence Act and claim monetary relief for mental and physical cruelty. You have valid ground to live separate from him because he has been in illegal relation with his Sister-in-law (Bhabhi). You can claim maintenance under section 125 Cr.P.C.

Section 22 of Domestic Violence Act provides Compensation orders as:- In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.

You can claim 2 lakh as compensation under this section, however, the amount of compensation shall be decided by the court. The complaint shall be filed in the court of the first-class Magistrate. You can file that complaint in the district where you residing. Proceedings under the Domestic Violence Act and section 125 Cr.P.C. are swifter than another proceeding.