Need help
4 years ago
My husband is working in Tamilnadu police and he is going to retire end of this month. He was not giving me any money for day to day expenses and I suspect he is having illegal contact. Whenever I ask him he send me out of home
A.Madam
Since your husband is with Tamil Nadu Police, the options available to you are
Option 1:
1) You can file a compliant with the Additional Director General of Police, ([email protected]) and ask that you be paid monthly an amount equal to 50% of your husband salary directly by the department
and
2) Under the Provisions of Tamil Nadu Pension Rules, 1978, you be nominated as the Legal wedded wife of husband in his pension and gratuity records.
If your grievance is not addressed within 1 month, you can file a writ in the high court.
Option 2:
File a petition for maintenance under section 125 Cr.P.C in the local court and ask for attachment of your husband's salary and pension
Hope this information is useful.
Since your husband is with Tamil Nadu Police, the options available to you are
Option 1:
1) You can file a compliant with the Additional Director General of Police, ([email protected]) and ask that you be paid monthly an amount equal to 50% of your husband salary directly by the department
and
2) Under the Provisions of Tamil Nadu Pension Rules, 1978, you be nominated as the Legal wedded wife of husband in his pension and gratuity records.
If your grievance is not addressed within 1 month, you can file a writ in the high court.
Option 2:
File a petition for maintenance under section 125 Cr.P.C in the local court and ask for attachment of your husband's salary and pension
Hope this information is useful.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Eswari,
I suggest not to aggravate the issues until you can handle it, trust us there are multiple laws in place to protect your rights. In case if the situation is out of control then plz follow the below:
A. In the next physical and mental harassment, leave the house .
B. If any physical torture- go to any private hospital and get a medical certificate.
C. Go to the police station and file a complaint, get an acknowledgment of the same.
D. Move to your parental home and thereafter a place you feel comfortable.
E. Get all the below documents and :-
1. Marriage photos, certificate and invitation cards.
2. Birth certificate of the kids.
3. All the police complaint filed earlier, all the medical certificate.
F. meet with a lawyer and asks to issue a notice for maintenance amount
G. Failing which and move an application before the court under the DV act or petition U/s 125 of Cr. PC before the Family court.
I suggest not to aggravate the issues until you can handle it, trust us there are multiple laws in place to protect your rights. In case if the situation is out of control then plz follow the below:
A. In the next physical and mental harassment, leave the house .
B. If any physical torture- go to any private hospital and get a medical certificate.
C. Go to the police station and file a complaint, get an acknowledgment of the same.
D. Move to your parental home and thereafter a place you feel comfortable.
E. Get all the below documents and :-
1. Marriage photos, certificate and invitation cards.
2. Birth certificate of the kids.
3. All the police complaint filed earlier, all the medical certificate.
F. meet with a lawyer and asks to issue a notice for maintenance amount
G. Failing which and move an application before the court under the DV act or petition U/s 125 of Cr. PC before the Family court.
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A.Dear Madam,
You can file multiple cases. Presently you can file DV case and see that your name is his pension papers and try to file a suit and get 50% pensionery benefits in lumpsum.
=========================================
Please give me Rank 5
=========================================
How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Please look at the definitions section here for further understanding. Further, please look at this Form IV.
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here. You can find a list of names of all Protection Officers State wise from this website.
I have a problem with the Protection Officer. What can I do?
You can file a complaint with the Magistrate in case you have a problem with your Protection Officer.
Will an FIR be filed?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed from when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Do I have to pay a fee to the Protection Officer or Service Provider?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
What is “relationship in the nature of marriage”?
“Relationship in the nature of marriage” should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: - Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
The Counsellor who was appointed to counsel me and my husband knows my husband. Is this fine?
A counsellor should not be related to either you or your husband. However, if you still believe the counsellor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counsellor in your case.
The Counsellor appointed is a man. I am not comfortable. Can I do something about this?
A counsellor is appointed from the list of available counsellors made by the Protection Officer. In the circumstance, that you are not comfortable with the counsellor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counsellor.
What if my husband continues to abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
Does my husband have to be present for the Magistrate to pass an order?
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.
What if my husband does not follow the Protection Order?
If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.
If I leave my house because of domestic violence, will I be able to see my children again?
Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.
If I leave my house because of abuse from my husband, will I be able to access my property such as gifts and jewellery that is in my name?
Yes, you will be to access your property even if you leave your house because of domestic abuse.
Can I file a case against my mother-in-law or my brother?
Yes, you can file a case against your mother-in-law or your brother. As per the law, you protected from any family members who are living together as a joint family or have lived together as a joint family at any point.
Can I protect my identity while living at the shelter home?
Yes, if you do not wish to disclose your identity then the shelter home will not disclose the same and will not communicate it to the offender.
I am in a live-in-relationship and my partner abused me. Can I file a complaint under this Act?
Yes, you can file a complaint if you have been in a live-in-relationship and have not been formally married.
There is no Protection Officer or Service Provider in the region I live, what can I do?
You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuses, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.
What evidence will be used to prove domestic violence that is verbal or emotional on the court?
The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.
Can I claim a residence order even if I am not the owner of that house?
Yes, the Act allows a victim to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.
Are women of all religious faiths protected from Domestic Violence?
Yes, women of all religious faiths can claim reliefs under this Act.
DV CASE PROCEEDURE
Are you a victim of domestic violence and clueless about what to do next? Read this article to get a brief insight of all the legal steps that can be undertaken in such a situation. Domestic violence is the violent act of one spouse on another in order to gain power and control by instilling fear and subservience. Domestic violence includes harms or injuries which endangers health, safety, life, limb, or well being of women. Domestic violence does not just include physical abuse but also mental, sexual, emotional and economic abuse.
In India, more than 55% of the women suffer from domestic violence, especially in the states of U.P., M.P. and other Northern states. According to United Nation Population Fund Report, around two-third of the married Indian women are victims of domestic violence attacks. However, most of the women prefer staying with her husband and tolerating the abuse in the interest of their children. While few others resist from filing the case as they do not want to get involved in long legal proceedings either due to financial disability or because of the fear of undergoing public shame and scrutiny. As a result, most of the cases of domestic violence go unreported.
However, it is very important to raise your voice against this gruesome act of the husband or his relatives rather than quietly enduring it. The offence of domestic violence is covered by both- section 498a of the Indian Penal Code, 1860 and by the Domestic Violence Act, 2005. However, both these provisions treat only the women as the victim and not the man in a relationship. Hence, only woman can seek relief through it. Before we delve into
how you can file a domestic violence case in India, let’s understand what is domestic violence?
What is considered as domestic violence under law?
Domestic violence as defined under section 3 of the Domestic Violence Act, 2005 includes:
Any kind of harm/ injury that is likely to endanger the life, health, limb and well being of the woman whether physical or mental.
Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).
Against whom can you file the complaint?
If you are being constantly tortured and ill-treated in your matrimonial home or are undergoing mental trauma due to the acts of your in-laws, you can immediately file a legal complaint against all such people. It is a general misconception that domestic violence is “only” committed by the husband on his wife, which is untrue. A woman can file a complaint against the husband or any of his relative. A woman who is staying in a live-in relationship with a man can also file a case against him if he commits the offence of domestic violence.
Procedure for filing a domestic violence case
The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate. The basic question that comes in the mind of every person filing a case is that which court should he/her approach? A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.
1. The Magistrate shall upon receiving the complaint, commence the hearing of the case within 3 days of the complaint being filed.
2. The Magistrate shall also give the notice of the date of hearing to the Protection officer who shall issue it to the accused.
3. The court shall as far as possible dispose the case within a period of sixty days from the date of the first hearing.
4.You can even request the Magistrate to conduct the proceeding in camera, i.e. you will not be required to be physically present for the hearing and the proceedings will be conducted via video conferencing.
5. The court after conducting the hearings of the case, if satisfied that a genuine case of domestic violence was filed and the accused has actually committed the offence, can pass any of the following orders as it may consider necessary in the circumstances of the case (you can also request the court to pass any of these orders)-
a. Protection orders: Wherein the court can further restrain the accused to commit the act of domestic violence on you or any of your family members or can even disallow him/her to enter your place of employment or residence. The protection order can be claimed by you as an interim relief, i.e. before the final judgement is passed.
b. Residence orders: The court, if satisfied, that you have no other place to stay or for any other reason, then it can also prevent the accused from dispossessing you from your matrimonial home and can even disallow him to enter that area of the household in which you are residing.
c. Monetary relief: You can even ask the court for monetary relief from the accused in order to incur your medical expenses any other loss that has occurred to you due to the offence being committed.
d. Custody of the child: The court can also grant the temporary custody of the child/children to the person making the application.
e. Compensation orders: In addition to above-mentioned reliefs, the Magistrate may also on an application being made by you, pass an order directing the accused to pay the compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence.
These orders will remain in force until the victim files an application in the court for its revocation.
If the order of the court is not passed in your favour, you can also make an appeal against the order within thirty days from the date on which the order is passed.
You can file a case under section 498a of IPC
Section 498a of the Indian Penal Code, 1860, also deals with the offence of domestic violence that provides for the punishment i.e. an imprisonment of three years or fine or both. Thus, an FIR for an offence under section 498a can be registered in the local police station of your area against the husband/his relative.
You can further consult a lawyer who has professional experience in dealing with the cases of domestic violence.
Lastly, if you do not want your name to be directly involved in the case then you can take this third route i.e. you can approach an NGO, that will file the case in the court on your behalf and fight for your cause. Following are the contact details of few NGOs you can seek help from :
- ALL INDIA WOMEN’S CONFERENCE – 23381165
- JWP JOINT WOMEN’S PROGRAMME – 24314821
- STREEBAL – 26164113
- SHAKTI SHALINI – 24312483
You can file multiple cases. Presently you can file DV case and see that your name is his pension papers and try to file a suit and get 50% pensionery benefits in lumpsum.
=========================================
Please give me Rank 5
=========================================
How do I know my husband is subjecting me to domestic abuse/violence?
If your husband is physically beating you, or denying you access to food or money, or is forcing you to engage in sexual activities that you do not want to perform (including sex and something like forcing you to watch pornography) or mentally and emotionally harasses you about not being able to have a male child or any such other behaviour, it is domestic violence. Please look at the definitions section here for further understanding. Further, please look at this Form IV.
When can a complaint be filed for domestic violence?
One need not wait until an act of domestic violence has been committed to contact the Protection Officer. If there is a suspicion that an act of domestic violence might be committed, anyone can inform the Protection Officer.
Where and how can I find a Protection Officer for domestic violence?
A Protection Officer is assigned in each district. To find out the contact details of a Protection Officer please contact the State Women and Child Development Department. Each state should have a list on its website. For instance, in Delhi, the list of Protection Officers can be found here. You can find a list of names of all Protection Officers State wise from this website.
I have a problem with the Protection Officer. What can I do?
You can file a complaint with the Magistrate in case you have a problem with your Protection Officer.
Will an FIR be filed?
No, for the purpose of this Act, a Domestic Incident Report (DIR) will be prepared in a prescribed from when the complaint is received from the aggrieved person. This is then filed before the magistrate. The Domestic Incident Report can be prepared by the Protection Officer, Service Providers or Police Officers.
What if the police officer refuses to lodge my complaint?
In such a situation, you can directly approach Magistrate’s court with a ‘private complaint’ wherein you can request the court to get your FIR registered by the police. You can even file a complaint yourself and attach it along with your application.
Do I have to pay a fee to the Protection Officer or Service Provider?
No, you do not have to pay anything to any of them. It is the duty of the Protection Officer and the Service Provider to help you under the protection of Domestic Violence Act.
I was assigned to a shelter home, but my husband and his family still harass me there. What can I do?
A shelter home is supposed to be a safe space for you. Ideally as per the law, if you wish to maintain your anonymity while being at the shelter home the shelter home should allow you to do so.
Are minors protected from domestic violence?
Yes, minors are protected under this Act. A minor is any person below the age of eighteen years and includes any adopted, step or foster child.
What is “relationship in the nature of marriage”?
“Relationship in the nature of marriage” should be those relationships where there is no official registered marriage between the parties. However, the nature of their relationship is that of a marriage because of the stability, continuity and cohabitation as a couple. Indicators of such a relationship in the nature of marriage are the following: - Proof of such a relationship would be the use of a common name, common ration card, same address, etc.
The Counsellor who was appointed to counsel me and my husband knows my husband. Is this fine?
A counsellor should not be related to either you or your husband. However, if you still believe the counsellor knowing you and your husband would be impartial in her job or would be able to do her job well impartially because she knows you’ll then you and your husband can write a waiver of objection allowing her to be the counsellor in your case.
The Counsellor appointed is a man. I am not comfortable. Can I do something about this?
A counsellor is appointed from the list of available counsellors made by the Protection Officer. In the circumstance, that you are not comfortable with the counsellor who is appointed to counsel you and the offender you can apply to the Magistrate for a change in the counsellor.
What if my husband continues to abuse me while counselling is in progress?
You can report the incidence of domestic abuse to the counsellor. The purpose of the counselling process is to get an assurance that the incidence of domestic violence will not get repeated. The counsellor will take adequate measures including approaching the magistrate to prevent further violence.
Does my husband have to be present for the Magistrate to pass an order?
Given the nature of domestic violence cases, the law allows the Magistrate to pass temporary orders or orders in the absence of the offender if there is an immediate threat of violence. Thus, you have a right to apply to the Magistrate for any relief required by you.
What if my husband does not follow the Protection Order?
If your husband who has been abusing you does not follow the Protection Order then he can be punished. He can be imprisoned for up to a year and/or be fined up to Rs.20,000.
If I leave my house because of domestic violence, will I be able to see my children again?
Yes, you will be able to see your children again. You can ask the Protection Officer to help you file an application for temporary custody for your children. However, the magistrate can only give you a right to keep your children with you temporarily. For you to obtain the right to keep your children with you permanently a case will have to be filed by way of other laws.
If I leave my house because of abuse from my husband, will I be able to access my property such as gifts and jewellery that is in my name?
Yes, you will be to access your property even if you leave your house because of domestic abuse.
Can I file a case against my mother-in-law or my brother?
Yes, you can file a case against your mother-in-law or your brother. As per the law, you protected from any family members who are living together as a joint family or have lived together as a joint family at any point.
Can I protect my identity while living at the shelter home?
Yes, if you do not wish to disclose your identity then the shelter home will not disclose the same and will not communicate it to the offender.
I am in a live-in-relationship and my partner abused me. Can I file a complaint under this Act?
Yes, you can file a complaint if you have been in a live-in-relationship and have not been formally married.
There is no Protection Officer or Service Provider in the region I live, what can I do?
You can either file a case under section 498A of the Indian Penal Code with the police. You also have the option of approaching the Magistrate directly to file a Domestic Incident Report. Further, you can also request the police to file the Domestic Incident Report on your behalf. In the scenario that the police refuses, you have the option of approaching a magistrate to ask the magistrate to direct the police to file a Domestic Incident Report on your behalf.
What evidence will be used to prove domestic violence that is verbal or emotional on the court?
The court will rely primarily on the testimony of the victim of domestic violence. If there are eyewitness accounts then the court will rely on those testimonies as well. However, since domestic abuse happens primarily at home and it is unlikely that there will be many eyewitness accounts in support of the woman, the court will rely primarily on the victim’s account. The case of domestic abuse need not be proved beyond reasonable doubt. That is, the court only needs to believe that the women were subject to abuse after considering all the facts and circumstances.
Can I claim a residence order even if I am not the owner of that house?
Yes, the Act allows a victim to be granted a residence order in the shared accommodation where she is currently residing or has resided with the accused in the past. Even if you are not the owner of that house and are a tenant or if it is the joint family property, you can apply for a residence order.
Are women of all religious faiths protected from Domestic Violence?
Yes, women of all religious faiths can claim reliefs under this Act.
DV CASE PROCEEDURE
Are you a victim of domestic violence and clueless about what to do next? Read this article to get a brief insight of all the legal steps that can be undertaken in such a situation. Domestic violence is the violent act of one spouse on another in order to gain power and control by instilling fear and subservience. Domestic violence includes harms or injuries which endangers health, safety, life, limb, or well being of women. Domestic violence does not just include physical abuse but also mental, sexual, emotional and economic abuse.
In India, more than 55% of the women suffer from domestic violence, especially in the states of U.P., M.P. and other Northern states. According to United Nation Population Fund Report, around two-third of the married Indian women are victims of domestic violence attacks. However, most of the women prefer staying with her husband and tolerating the abuse in the interest of their children. While few others resist from filing the case as they do not want to get involved in long legal proceedings either due to financial disability or because of the fear of undergoing public shame and scrutiny. As a result, most of the cases of domestic violence go unreported.
However, it is very important to raise your voice against this gruesome act of the husband or his relatives rather than quietly enduring it. The offence of domestic violence is covered by both- section 498a of the Indian Penal Code, 1860 and by the Domestic Violence Act, 2005. However, both these provisions treat only the women as the victim and not the man in a relationship. Hence, only woman can seek relief through it. Before we delve into
how you can file a domestic violence case in India, let’s understand what is domestic violence?
What is considered as domestic violence under law?
Domestic violence as defined under section 3 of the Domestic Violence Act, 2005 includes:
Any kind of harm/ injury that is likely to endanger the life, health, limb and well being of the woman whether physical or mental.
Or any harassment with a view to coerce the woman or any person related to her to meet any unlawful demand of property or security (dowry).
Against whom can you file the complaint?
If you are being constantly tortured and ill-treated in your matrimonial home or are undergoing mental trauma due to the acts of your in-laws, you can immediately file a legal complaint against all such people. It is a general misconception that domestic violence is “only” committed by the husband on his wife, which is untrue. A woman can file a complaint against the husband or any of his relative. A woman who is staying in a live-in relationship with a man can also file a case against him if he commits the offence of domestic violence.
Procedure for filing a domestic violence case
The victim of domestic violence or any witness of the offence, on her behalf, can file an FIR/complaint with the local police officer, or the protection officer, or service provider, or directly to the Magistrate. The basic question that comes in the mind of every person filing a case is that which court should he/her approach? A domestic violence case is heard by the judge of the court within whose local limit either the victim resides or the accused or where the action has been committed.
1. The Magistrate shall upon receiving the complaint, commence the hearing of the case within 3 days of the complaint being filed.
2. The Magistrate shall also give the notice of the date of hearing to the Protection officer who shall issue it to the accused.
3. The court shall as far as possible dispose the case within a period of sixty days from the date of the first hearing.
4.You can even request the Magistrate to conduct the proceeding in camera, i.e. you will not be required to be physically present for the hearing and the proceedings will be conducted via video conferencing.
5. The court after conducting the hearings of the case, if satisfied that a genuine case of domestic violence was filed and the accused has actually committed the offence, can pass any of the following orders as it may consider necessary in the circumstances of the case (you can also request the court to pass any of these orders)-
a. Protection orders: Wherein the court can further restrain the accused to commit the act of domestic violence on you or any of your family members or can even disallow him/her to enter your place of employment or residence. The protection order can be claimed by you as an interim relief, i.e. before the final judgement is passed.
b. Residence orders: The court, if satisfied, that you have no other place to stay or for any other reason, then it can also prevent the accused from dispossessing you from your matrimonial home and can even disallow him to enter that area of the household in which you are residing.
c. Monetary relief: You can even ask the court for monetary relief from the accused in order to incur your medical expenses any other loss that has occurred to you due to the offence being committed.
d. Custody of the child: The court can also grant the temporary custody of the child/children to the person making the application.
e. Compensation orders: In addition to above-mentioned reliefs, the Magistrate may also on an application being made by you, pass an order directing the accused to pay the compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence.
These orders will remain in force until the victim files an application in the court for its revocation.
If the order of the court is not passed in your favour, you can also make an appeal against the order within thirty days from the date on which the order is passed.
You can file a case under section 498a of IPC
Section 498a of the Indian Penal Code, 1860, also deals with the offence of domestic violence that provides for the punishment i.e. an imprisonment of three years or fine or both. Thus, an FIR for an offence under section 498a can be registered in the local police station of your area against the husband/his relative.
You can further consult a lawyer who has professional experience in dealing with the cases of domestic violence.
Lastly, if you do not want your name to be directly involved in the case then you can take this third route i.e. you can approach an NGO, that will file the case in the court on your behalf and fight for your cause. Following are the contact details of few NGOs you can seek help from :
- ALL INDIA WOMEN’S CONFERENCE – 23381165
- JWP JOINT WOMEN’S PROGRAMME – 24314821
- STREEBAL – 26164113
- SHAKTI SHALINI – 24312483
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Kumar Ranjan
Responded 4 years ago
A.As per your query posted you should first try to contact your husband and ask him the reason for such act he is doing.
Even after that also he doesn't listen to your word then you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance or by both simultaneously.
Thanks,
K S Ranjan.
Advocate B.SC(LLB)
Even after that also he doesn't listen to your word then you can claim maintenance under section 24 of the Hindu Marriage Act from the husband even without divorce, if he is not making any payment. you can too file a complaint under the domestic violence act for payment of maintenance or by both simultaneously.
Thanks,
K S Ranjan.
Advocate B.SC(LLB)
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Md Shafiuddin Yakub Ali
Responded 4 years ago
A.Dear Client
It is better to lodge a complaint stating that he is not caring your basic needs. If you are able to prove he is in relation with anyone then he will issues in his job. before his retirement you have to settle the issue. If you find any wrong with him please complaint in his working police station .
It is better to lodge a complaint stating that he is not caring your basic needs. If you are able to prove he is in relation with anyone then he will issues in his job. before his retirement you have to settle the issue. If you find any wrong with him please complaint in his working police station .
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