Asked June 25, 2016

To take legal action against cruelty by husband

  • 1 Answer

My maid's husband would physically torture her, he'd make her work day and night, he seized all her jewellery and beat her up unabashedly to name a few. He started torturing her from the day they got married. Even after having a baby girl, he did not stop. Finally, after being brutalized for three years, her brothers intervened, and took her out of the house. Since then she has been working as a maid and has been taking care of their daughter's expenditures alone, the period being two and a half years approximately. However on the 25th of june, she received a legal notice from her husband who claims to want to settle their marriage peacefully. However, going by his character and going by what he has done to her, I personally feel that he has no intention of doing so, and that necessary action should be taken against him. Please advice me as to how to go about this so that poor people like her aren't exploited and people like him don't go scot free. I myself am just about to join law school and am unfamiliar with as to how to go about it. Any advice would be appreciated, thank you.

Answer 1

As per the circumstances shared by you, the Domestic Violence Act, 2005 would be the legislation under which the husband could have been charged. Unfortunately, for a complaint under the Domestic Violence Act, 2005 the two people must be in a domestic relationship. Domestic relationship continues so long as the parties live under the same roof and enjoy living together in a shared household. (Neville Tulli v. Zothan Pari Hrahsel - CA No. 199 of 2015 6/11) In the sitaution where the two individuals involved are not living together and have removed their belongings from their common place of residence, the application of the Domestic Violence Act becomes difficult. The Delhi Court in the matter of Harbans Lal Malik v. Payal Malik, (Crl. Rev. P, No.253/2010 dated 29.07.2010) has clearly stated that the domestic relationship between the aggrieved person and the respondent must be present and alive at the time when the complaint under Domestic Violence Act is filed. Considering the facts shared by you it will be difficult to charge the husband for the violence committed under the Domestic Violence Act, 2005. Similarly, since no FIR was filed agaisnt the husband back then, no criminal charge can be initiated now agaisnt him now for the assault done a while back. The best option before the lady would be to file for Divorce on the ground of cruelty under the Hindu Marriage Act, 1955. In addition to this the lady can ask for maintenance under Section 125 of CrPC from the husband.

Agree Comment 0 Agrees over 5 years ago
  • Default avatar
    Thank you so much, sir.
    Agree 0 Agrees over 5 years ago

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