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Author Topic: Abusive Relationship - Domestic Violence - Evidence Gathering  (Read 762 times)

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Offline dhruv997

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Abusive Relationship - Domestic Violence - Evidence Gathering
« on: December 30, 2016, 12:30:37 AM »
I have two questions here first is on the case and second is on the subsequent evidence gathering

1)  The case is of Abusive relationship & Domestic violence subjected by father on my mother. My father is a regular and subsequent abuser of alcohol too which make the experience more bitter. As due to ineducation in matter and fear she did not know what to do, she remain silent for 25 years of marriage. I and my younger sister are the only children, the wrath of his misconduct had also touched our life in many ways but we grew up strong and balanced but mom is soft by nature and the torture and trouble she is going through and regular pressure form our father is a concerning factor for us, here i am not depicting the whole story but now i am 20 years old and wants a relief against such a social injustice we are living in. How can the law help us in such a situation ?

2)  What can be considered as the tough evidence against domestic violence and misconduct which cannot be deterred by the court or any other physical governing body, such as verbal evidence or photos or recordings or any other means known of ?

Offline advjaibansal

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Re: Abusive Relationship - Domestic Violence - Evidence Gathering
« Reply #1 on: December 31, 2016, 02:20:22 AM »
Dear Dhruv,

After 25 years of suffering, i think your mother is not looking for divorce now and may be looking forward to stop these cruelty and atrocities committed on her.

If that is the case then your mother can simply file a complaint in court for domestic violence (which is civil remedy) seeking a restraining order against your father from committing any domestic violence. I think that may solve the purpose.

If she is looking for divorce, then file for divorce on the grounds of cruelty.

You don't need much recording or evidence for filing domestic violence case for seeking restraining order. Whatever you have may be more than sufficient. Main evidence is your mother's statement before the court.

jai bansal
Advocate, New Delhi
Supreme Court of India
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