Lawfarm Team
in Family Law Criminal Law Constitutional Law Human Rights Law
Asked May 23, 2016

Domestic Violence and harassment

  • 1 Answer
  • 227 Views

My sister got married after 8 years of knowing a boy. But, immediately after marriage, his sister's influence on him raised. Her counselling started converting him against my sister. My sister is a working woman and she is transferring her entire salary to her father-in-law, every month. Initially, they were torturing my sister mentally. Like, abusing now and then, for even smaller things, creating issues on lies, etc. Now, my sister is having a 6-month old baby. Recently, their harassment has exceeded the limits and he has started to beat her. We have the photographs of the injury caused. Other than that, we do not have any proofs of the whatever I have told you. What ever they do, they did carefully. For the outside world, they try to look as if they are really good and make my sister bad. Sometimes, we get a feel that they are doing that intentionally and cleverly. Torture her mentally, which cannot be proved legally and make her say, she want divorce and get their son marry again for high dowry. We do not want divorce. We want the Old guy who was good and we want my sister's family a happy family. They will be good if his sister do not interfere in their family. I think, if we can show a clause in law, where the guy cannot get married for second time, even after divorce, they will stop doing all those and think about the family with my sister. They will change. Please help me, Is there any clause in IPC, where husband will not be allowed for second marriage even after divorce ? If so, how can we apply it. Or is there any other way, we can solve the problem. Thank you.

Answer 1

No law in India prevents a person from re-marrying after divorce. S. 494 of the India Penal Code, 1860[1]  (IPC) clearly states that contracting of second marriage is not an offence when the first marriage has been declared void by a competent court, i.e., divorce in this case. Your sister can file a complaint of domestic violence before the Protection Officer (PO), to the Service Provider, the Police or the Magistrate directly. Usually, the complaint is sent to the Magistrate Court by the PO, the Service Provider or the Police. However, as you do not wish to initiate legal proceedings against the husband, after accessing the Service Provider, PO or the Police, your sister and her husband can directly avail joint counselling. This option is not provided in the PWDVA rather S. 14 of the Protection of Women from Domestic Violence Act, 2005 [2] (PWDVA) states that the Magistrate court may, at any stage of the proceeding, direct counselling for the parties. However, the same has been substantiated by the Bombay High Court in the case of Dr. Jaya Sagade v. State Of Maharashtra[3]. Also, in order to prevent legal proceedings against the husband, there is not much legal option available to prevent the sister-in-law from interfering. This is due to the fact that initiating legal proceedings against the sister-in-law would automatically involve the husband as well, as both were the parties of domestic violence against your sister.   [1] Available at: https://indiankanoon.org/doc/508426/. [2] Available at: https://indiankanoon.org/doc/1723520/. [3] SOM.PIL.104/2015-DB; available at: https://indiankanoon.org/doc/173350388/.  
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