Question
A boy had an intimate relationship with my elder sister, promising marriage. They had a physical relationship, and my sister eventually became pregnant. Once my family learned of this, we reported it to the police, and the boy was arrested. After about two months, we reconciled with his family, he was released, and the marriage took place. Soon after the baby was born, he began torturing my sister. Unable to bear the abuse, she returned to our home. Recently, when she didn’t return to him, he attacked my father with his brothers and uncles, sending my father to the hospital. Now he has filed a case against my father, younger brother, and uncle under Section 107, with a hearing set for the 17th. What legal actions can we take to protect my sister and our family?
Answer
- File a Domestic Violence Case: Since your sister has experienced continuous abuse, she can file a case under the Domestic Violence (Prevention and Protection) Act, 2010. This act provides protection orders, allowing her to seek safety and even restrain her husband from contacting her.
- Seek Maintenance and Custody of Child: If your sister decides to separate, she may file for child custody and request financial maintenance for herself and her child under Section 5 of the Family Courts Ordinance, 1985. This can help secure her financially during this period.
- File a Criminal Case for Physical Assault: Given that your father was attacked and hospitalized, your family has grounds to file a criminal complaint for assault and attempted harm. Sections 323 and 324 of the Penal Code cover physical assault, and filing a case under these sections may bring legal action against her husband and his family members.
- Address Section 107 Case: Section 107 of the Code of Criminal Procedure allows preventive measures against potential harm, often filed by individuals fearing disturbance. Consult a lawyer to address this case effectively, ensuring your father, brother, and uncle’s rights are protected during the hearing.
- Mediation or Legal Separation: If your sister no longer wishes to continue the marriage, she can file for legal separation or divorce. Mediation might be an option if reconciliation is attempted, though it sounds like the family has already tried this route.