Abusive relationship

Question

► Hello sir/madam am 32 years old woman married and have one year old kid my husband drinks and fights at home he lies to me about smoking he has lot of friends who are present every day in life he is not serious about job wn he has projects he send me out of house to moms home telling he has work and sometimes he forcefully drinks and comes and fights with me on front of my child talks vulgar about me hits me and next day forces me go out of house and blackmails me to not giving child and to go alone

Answer 1

I have gone through the details you have shared. At the outset, I am sorry to learn about the difficulties you are facing. The behaviour described—habitual drinking, physical assault, verbal abuse, forcing you out of the house, and threats regarding your child—amounts to domestic violence under the Protection of Women from Domestic Violence Act, 2005 and may also attract other penal provisions.

To advise you properly, I require certain additional information. Kindly clarify the following:

Since when has this behaviour been occurring?

Are there any previous complaints made to the Police or Women’s Help Desk?

Do you have any evidence such as medical records, messages, audio/video recordings, or witness support?

Are you currently staying with him or at your parents’ house?

Are you financially dependent on him, or are you employed?

Answer 2

Dear Ma'am,

I understand you're facing domestic violence and abuse. This is a serious matter requiring immediate legal action. Here's what you can do:

1. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005:
- File a complaint under the Protection of Women from Domestic Violence Act, 2005
- You can approach the local police station or Protection Officer in your area
- You can obtain:
* Protection Order (preventing your husband from committing acts of domestic violence)
* Residence Order (right to reside in the shared household)
* Custody Order (custody of your 1-year-old child)
* Monetary Relief (maintenance for you and your child)

2. IMMEDIATE STEPS:
- File an FIR under Section 498A IPC (cruelty by husband)
- Additionally file under:
* Section 323 IPC (voluntarily causing hurt)
* Section 294 IPC (obscene acts and words)
* Section 506 IPC (criminal intimidation)
- Approach Mahila Thana (Women's Police Station) if available in Bangalore

3. DOCUMENT EVERYTHING:
- Take photographs of any injuries
- Get medical examination done at a government hospital
- Maintain a diary recording dates/times of abuse incidents
- Save threatening messages, call recordings if any
- Get witness statements from neighbors/family members

4. CHILD CUSTODY:
- As mother of a 1-year-old, you have preferential custody rights under Guardian and Wards Act, 1890
- Courts generally grant custody of young children to mothers
- His threat of withholding the child has no legal basis

5. MAINTENANCE:
- File for maintenance under Section 125 CrPC for yourself and your child
- You're entitled to monthly maintenance based on his income

6. IMMEDIATE SUPPORT:
- Contact Karnataka State Commission for Women: 080-22100435
- Bangalore One Stop Centre for Women: 155260 (toll-free)
- Women Helpline: 181
- National Commission for Women Helpline: 7827-170-170

7. LEGAL AID:
- Approach Karnataka State Legal Services Authority for free legal aid
- District Legal Services Authority, Bangalore can provide free advocate

IMPORTANT: Your safety and your child's safety are paramount. If there's immediate danger, call 100 (police emergency) or move to a safe location with your child. You have every legal right to protection, custody of your child, and maintenance.

Disclaimer: This is general legal advice and does not constitute an attorney-client relationship. Please consult with a family law advocate in Bangalore for case-specific guidance and representation.

Stay safe and take action immediately.

Abusive relationship

2 Answers