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Domestic Violence of lady and kids. Domestic Violence of lady and kids.

3 years ago

Acquaintance is a mother ( above 40 ) with two kids ( 18 and 14 ). Her husband is hitting her on a daily basis and has also tried to hit the kids. This behaviour is going on since 2019. It wasn't daily before but seldom. These days, the husband abuses them verbally whole day and abuses wife physically by hitting her. She is a housewife and was tolerating this because her kid is about to join college and she was fearing for her career but now she is not able to tolerate this. This had happened a decade ago and husband used money to file too many false cases against the lady and nothing could come out. How to get her out of this and also secure her and her kids' future.
for her career but now it i

Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.practically women goes back in many cases leaving you in middle.
Lot of women approach our office or inquiry but never take next step.
she only have to take steps.
she can approach NGO or women police cell if she mean business.
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Pardeep Kumar Dhiman Dhiman

Responded 3 years ago

A.आप पति के खिलाफ 498 a ओर domstic voilence का वाद दायर कर सकते हो।ओर यदि आप अपने पति से तलाक लेना चाहते हैं तो तलाक का वाद भी दायर कर सकते हो।ये हैल्प सिर्फ आप के कथनो के आधार पर है।
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Anik

Responded 3 years ago

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A.Hi,
File a Sec. 498A complaint, seek for divorce on the grounds of harassment, cruelty, meanwhile ask of interim maintenance under 125 CrPC.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
You can ask her to file a compliant with the police under Section 498A. She can also seek interim maintenance under 125 CrPC. It will take few months before the court grants maintenance, so you will have to arrange for finances till then.
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Sanjay Kumar Jha

Responded 3 years ago

A.Dear Sir,
If you seek legal opinion then you will have to secure financial situation, bcz, after filing case she would be deprived for some months until court would order for Maintainance to her. If the situation with her is extreme then file complaint case at court for harassment, but before that get the proof of any medical prescription , which would as evidence.
And another for maintainance u/ s 125 Cr. P. C.
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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
Ask her to call police.
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Tanmoy Chattopadhyay

Responded 3 years ago

A.First you have to understand what is the condition of the mother. Filing a case will not change anything over night but it will take some time and meanwhile this mother has to either remain in that same house with that same abusive husband or may be left to fend for herself along with her kids. So legal remedies are not provided without understanding the social conditions.

But law clearly is in her favour and there are multiple ways to check the husband. First the mother should leave that house and go somewhere safe if possible and then file a criminal case of domestic violence against her husband.
Then if she wants to return to that house she must go and file a case for residence order and also maintenance.
If she is not willing to return then she must go for filing a case of judicial separation against her husband and consequently a divorce whatever way she wants to go ahead.

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