Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number
Vidhikarya Official support e-mail info@vidhikarya.com Contact Vidhikarya by phone Number+917604047601 vidhikarya whatsapp Number+918100091175
Request Consultation
Free Legal Advice
Request Consultation Free Legal Advice

Home > Free Legal Advice > Question Details

Vidhikarya Legal Questions Answered

100,000+ Legal Questions Answered

100,000+ Legal Questions Answered
Ask Your Question
Domestic Violence

LOSE CUSTODY IN INTERIM ORDER OF FAKE EMOTIONAL DV CASE

Wife ran away with kids...not returning since 6+ months in the house we rented (chosen by her) and not letting me meet daughter..Now filed fake domestic violence "emotional torture" case to threaten take custody as well as residence order to goin my parent's house (where more than 6 years back she stayed for somtime) but I do not live in that house nor have any legal ownership of that house..she not returning to house where we rented as per her choice and harassing to take over parent's house and custody of my child whom I have not been allowed to meet for months now ;((worse than terrorism this is and abuse of law which genuine women need....PLEASE HELP...;((( 1: Are interim custody and residence orders passed in first hearing? 2: How many hearings typically happen? 3: Will I lose custody and my parent's house via interim orders compromised though she not returning to house where I am living???? 4: Have no time for lawyer now, so am going to go for hearing alone...hope that is not illegal to represent myself Thanks a lot for your help...Appreciate it..

( Mumbai, Maharashtra )

4 years ago

Reply to this question

Reply
A.
Hi,
If you do not have ownership of your parents' house, then she cannot be granted permanent residence there.
1. They can be, depending on the case.
2. This depends on the nature of arguments put forth and how many issues must be discussed/resolved.
3. Custody can be tricky as Courts tend to favour the children's mother, and if she's filed a domestic violence case, this makes it harder for you to gain custody. Interim orders are not permanent and can be reversed.
4. While you can represent yourself, having an advocate with you makes the process much smoother and you have a much greater chance at obtaining a favorable outcome.
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
Hi,
If you do not have ownership of your parents' house, then she cannot be granted permanent residence there.
1. They can be, depending on the case.
2. This depends on the nature of arguments put forth and how many issues must be discussed/resolved.
3. Custody can be tricky as Courts tend to favour the children's mother, and if she's filed a domestic violence case, this makes it harder for you to gain custody. Interim orders are not permanent and can be reversed.
4. While you can represent yourself, having an advocate with you makes the process much smoother and you have a much greater chance at obtaining a favorable outcome.
Vidhikarya
Was the answer helpfull

Helpful

Share
A.
1: yes, that is why it is named interim custody and residence orders.
2: depends on fighting sprit, city
3: you can lose custody and parent's house via interim orders but interim order are temporary and not permanent. but instead of parents house you can give new rented house. what happened to her parents house.
4: if you want to lose then no need of lawyer


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
Vidhikarya
Was the answer helpfull

Helpful

Share
Submit request

Submit Request

Post Your Legal Issue to connnect with Lawyers Online

Submit
Talk to a lawyer

Talk to a Lawyer

Connect Now

Read Related Answers

498a and crp 125

Dear Client, An aggrieved woman can file multiple cases against a person who subjected her to domestic violence and threat her to divorce on the pretext of dowry demand. Domestic violence is defined...

2months completed for complaint filed

Dear Client, A complaint under Section 85 of the Bharatiya Nyaya Sanhita(BNS) that replaced the Section 498A IPC is a cognizable, non-bailable, and non-compoundable offense that criminalises cruelty...

Maintenance

Dear Client, In the given scenario, be informed that a mulim woman deserted or abandoned by her husband can claim maintenance under Section 125 Cr. PC (replaced by Section 144 of the Bharatiya Nagarik...

My father pressurize me like he owned me

Dear Client, A person can restart his or her life afresh at any stage or age if she or he is self-motivated to do so, If you feel you can manage yourself outside without the support of others for all...

Matrimonial Dispute - not talking to wife

Dear Client, Domestic violence is defined comprehensively under Section 3 of the Protection of Women from Domestic Violence Act,(PWDVA), 2005, comprising Physical, mental, verbal, emotional, sexual,...
Ask a Question

Ask a Question

Ask Now
Settle Your Dispute without going to Court

Settle Your Dispute without going to Court

Vidhi Samaadhaan

Vidhikarya Center for Dispute Resolution
Apply Now

Read Blogs on Domestic Violence

False 498A & Domestic Violence Cases: Defence Strategies by Divorce Lawyers
Posted On : May 13, 2024

False 498A & Domestic Violence Cases: Defence Strategies by Divorce Lawyers

The Dark Side of Domestic Abuse: Atul Subhash Suicide Case
Posted On : May 13, 2024

The Dark Side of Domestic Abuse: Atul Subhash Suicide Case

Domestic Violence: Breaking the Silence & Sharing Your Story
Posted On : May 13, 2024

Domestic Violence: Breaking the Silence & Sharing Your Story

Categories

Domestic Violence Lawyers

Prabhakara
Call to Prabhakara Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Prabhakara S K Shetty

Bangalore

Shrikrushna
Call to Shrikrushna Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Shrikrushna Tambde

Nagpur

Surbhi
Call to Surbhi Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Surbhi Sharma

Delhi

Jaswant
Call to Jaswant Send whatsapp message Send whatsapp message Send mail to vidhikarya Send mail to vidhikarya

Jaswant Singh Katariya

Gurgaon

©2025 Vidhikarya. All Rights Reserved.

Disclaimer

The Bar Council of India does not permit advertisement or solicitation by advocates in any form or manner. By accessing this website (www.vidhikarya.com), you acknowledge and confirm that you are seeking information relating to VIDHIKARYA LEGAL SERVICES LLP (The LAW FIRM) of your own accord and that there has been no form of solicitation, advertisement or inducement by VIDHIKARYA LEGAL SERVICES LLP or its members.
The content of this website is for informational purposes only and should not be interpreted as soliciting or advertisement. The User agrees that he/she is visiting the site on his own volition to seek more information about the firm and its Advocates.
The contents of this website are the intellectual property of VIDHIKARYA LEGAL SERVICES LLP.

OK Cancel
Vidhikarya Official support e-mail Contact Vidhikarya by phone Number vidhikarya whatsapp Number