Divorce and Domestic Violence Divorce and Domestic Violence

2 years ago

My husband is a Drunkard abuses me and my child he works as a broken and drinks all money he earns. He took my gold with force and put it on loan and it's 5 years I'm paying it's interest . Now I dnt have a job , neither money for my son's school fees. He has a joint family and all keeps us out of they family while he goes alone and attend all functions in the family. He is a very criminal man. I want to take action I filed FIR but he bribes people and I'm struggling to get Divorce Im mentally and physically tortured by this man. Please help

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
File multiple cases.
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Abhimanyu Shandilya

Responded 2 years ago

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A.You can do the following you protect yourself from the abuse of this man;
1. Lodge a FIR under Section 498A with the local Police and get him arrested for the physical torture and abuse
2. Meet the Protection Officer and initiate the case of Domestic Violence and get yourself protected from furtehr onslaught
3. File a case of maintenance under Section 125 of CrPC to get monthly maintenance from him to sustain yourslef
4. If you wish to separate from him then file a case of Divorce under the relevant Section of HMA/SMA and also file for child custody.
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Vidhi Samaadhaan Vidhi Samaadhaan

Madhulika Bhatnagar

Responded 2 years ago

A.If the police has failed to take action against him, you can approach Mahila court and file a case for domestic violence directly. You can also reach out to the Women cell of the local Women Commission.

You can also approach the Magistrate and file a criminal complaint against him. If you require legal aid, approach the state/district legal aid services.
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Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap divorce ke liye jaa sakte hai. Or criminal proceedings bhi kar sakte hai.
Maintenance ke liye bhi jaa sakte hai.
Domestic violence ke liye bhi jaa sakte hai.
Ye proceedings aap apne husband ke khilaf use kar sakte hai.
Nirnay aap ko karna hai ki aap kya chahte hai.
Aap apne district court jae ek advocate hire kare apni problems share kare.
Aap ko aap ki problems ka solution mil jaiga.
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Your husband is doing domestic violence as well as crime under Section 498A of the Indian Penal Code so if the local police station is not taking your FIR against your husband even after knowing the fact of mental and physical torture upon you, then you have to make a written complaint before a higher ranking Police Officer(or the Superintendent of Police or the Commissioner of the police) specifying not only the fact of mental and physical torture upon you by your husband causing serious threat to the safety and security to your as well as your son's life but also about the police inaction to lodge FIR in that issue . If the Police still deny to lodge your FIR,then file formal complaint before the Judicial Magistrate/ Metropolitan Magistrate ( nearest to your place)u/s 156(3) read with Section 190 of the Code of Criminal Procedure thereby requesting the FIR to be registered by the police and commencing investigation into the matter. By applying before the Legal Aid Service regarding your poor financial condition,you can conduct such litigation before the Criminal Court at nominal cost.
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.You can take help of NGOs which work for women or you can file a complaint with National Commission for Women. Also you can file a divorce matter and domestic violence matter in the same Court and seek police protection or injunction from your husband to enter matrimonial house. Simultaneously you can also file for maintenance under section 125 of CrPC, 1973 if your husband is not providing money. Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi,
If the police is not registering your complaint write a letter to the SP and DIG of your area explaining your problem. Also hire a lawyer who could help you with filing the case against your husband and registering the FIR. Also you approach women organization who deal in such situations.
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Thank You.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello,
Contact a lawyer and file a FIR against your husband for domestic violence and also file a case of divorce. If the police is not registering your FIR because of your husband's influence write a letter to Supritendent of Police of your district explaining the same.
Thanks
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