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Author Topic: Domestic Violence led to Attempt to Suicide and Lost both Legs  (Read 1443 times)

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Offline seekingjustice2015

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My sister got married with a man in Delhi 21 years before. He already had one daughter around 2-3 years. He has doing kind of clothes supply in Delhi and making daily living. Education is higher secondary.

My sister have two kids, one girl, now aged 20 year and second one is boy, 15 years old. She is M.A. passed.

Since the beginning he was drinking, smoking and eating non-veg while my sister was totally opposite. The environment has always been quite quarreling because of these issues and not sufficient money for food for three times and good clothes. House is quite small, 25 sq. yd.-parental house. (mainly Roti, kapda, makaan problem and over that daru problem). My sister also started teaching tuitions and continued study of the kids without her husband support. I myself spend lot of time with her husband to make life better, gave cash of Rs. 50000 so that he can overcome some financial problems, that he spent in wine and gambling.

My sisterís mother-in-law and father-in-law expired around 3 years before, old age, natural death. They were living just down-stairs.

In last 4-5 years, his bad habits started increasing and also added cricket gambling, relations with other women. When my sister came to know about women relation, she called the police in Delhi at 100, but he explained the problem as normal problem and somehow managed to police not to take any action (in India money does everything). And after that she was beaten very badly and ordered not to discuss any problem outside the home. This incident happened in Feb 2015 exact date not available.

Around 3 years before my sister developed mental sickness problem called Schizophrenia, where patient has following symptoms:
o   Losing interest in everyday activities, like bathing, grooming, or getting dressed
o   Feeling out of touch with other people, family, or friends
o   Lack of feeling or emotion (apathy)
o   Having little emotion or inappropriate feelings in certain situations
o   Having less ability to experience pleasured

More details can be found at following links:
http://www.invegasustenna.com/about-schizophrenia/schizophrenia-symptoms
http://www.invegasustenna.com/about-schizophrenia.

Medically, if the patient is given just two tablets per days he can live normal life.

Her husband took her to different hospitals and considered this problem as MENTAL problem and declared her totally mentally unfit and hardly gave any medicine and explained the kids to let her live the way she wants, no cure for that.

I took my sister to Fortis Hospital Chandigarh, VIMHANS Hospital Delhi and she got better results and directed family members to give the medicines regularly, that costs just Rs. 7 per day, 2 tablets a day. Same message I conveyed to her husband and he just ignored it. For that I transferred Rs. 70,000 to my niece account to take care of her and give proper food and. But again no one took care of her.

In July end 2015, again there was some quarrel and she was not given food for continuously 4 days and after that asked to commit suicide or she will be killed. Ultimately she took the decision to end her life and jumped from 2nd Floor in her house Delhi.

She was taken to Trauma Hospital, Delhi where doctor saved her life but declared that she will not able to able to walk for whole life. She got fracture in her spine, and ribs and main nerve that controls the legs has damaged badly.

After 15 days in hospital when doctors discharged her, the husband did not took her to home instead took her to AIIMS OPT and conveyed us that Trauma Hospital Doctors asked him to visit the patient in AIIMS OPD. When we saw the discharge summary there was nothing like this. When asked then he tells that he does not have money and he does not need handicapped person in his home and disappeared. For the whole day she was on an iron stretcher, without any mattress, no food, no medicine, no attendant.

Then at 11 of night I took the taxi, brought my sister to Chandigarh after that she is with me.

We filed application of FIR in Delhi, police took statement of my sister in hospital and told us they will take appropriate action. After 7 days of follow-ups, they are conveying take this matter to Women Cell, instead of saying direct NO.

Weak point in whole story is:
Kids are currently favoring their father, they came to visit her only two times in 15 days, and treated the mother just like a normal person, few minutes sitting in a chair, and disappeared.
Police visited the home and kids and they said all was normal at home. (After some discussions with the kids I believe they have some kind of pressure not to speak the truth or they also want to avoid handicapped person in their home)
My sister is now in Chandigarh, she canít ask any neighbor to be evidence of daily violence at home.
Police also believes she is paagal instead of understanding the illness and doing thorough investigation. The fact is that my sister is normal like other persons. She was teaching tuitions in her home till the last day when she jumped.

Now my purpose of writing to his forum is:
What legal actions I can take against my sisterís husband. Currently sister in in Mohali/Chandigarh but can shift to Delhi.
From where I should start taking these legal actions: Delhi or Chandigarh
How to recover expenditure on her treatment because her husband says he does not have sufficient income, has document of EWS. Funny thing is he has money for Wine, Cigarette and meat all the times, maintains a car.

Offline advlaxmanadvani

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Re: Domestic Violence led to Attempt to Suicide and Lost both Legs
« Reply #1 on: August 16, 2015, 02:51:54 AM »
It is not about what legal action your sister can take.

it is about what outcome are you looking forward to.
is it money is it punishment for the husband, is it divorce, please be clear on this first
Advocate laxman Advani
 Ahmedabad legal Practitioner

Offline seekingjustice2015

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Re: Domestic Violence led to Attempt to Suicide and Lost both Legs
« Reply #2 on: August 16, 2015, 10:07:14 PM »
Only single option: Punishment. And till the time he is alive he must bear all the medical expenses.

Offline johnnn10

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Re: Domestic Violence led to Attempt to Suicide and Lost both Legs
« Reply #3 on: August 24, 2015, 08:58:49 AM »
My sympathy with you.you should do your fight from delhi where you find more legal advices.

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Offline iloovatar

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Re: Domestic Violence led to Attempt to Suicide and Lost both Legs
« Reply #4 on: April 12, 2016, 10:22:30 PM »
My opinion might be frank more than legal. Your sister has gone through a lot of mental and physical damage throughout this abusive relationship. The first thing is to file for divorce and stay away from this man. Then fight for damages. The children are apparently happy to stay with the man.

In retrospect, divorce would have been much happier situation than losing ones legs and additional mental stress. It's not too late though.

Offline advjaibansal

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Re: Domestic Violence led to Attempt to Suicide and Lost both Legs
« Reply #5 on: May 02, 2016, 02:47:10 AM »
Dear Sir,

It seems that your sister may not able to live in peace while residing in Delhi as her children are also against her to may not cooperate with her. You may keep your sister with you if possible as she cannot walk anymore, moreover her husband is not supporting to her. Please do file a maintenance case in chandigardh against the husband and domestic violence petition seeking maintenance for her. Maintenance may help her in taking care of her little bit of expenses. As if now file for maintenance immediately.

Criminal case will go on its own pace.

Regards,
jai bansal, advocate
new delhi
supreme court of india
bansal.jai@gmail.com
09868566649
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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