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Q. Domestic Violence Protection

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Anonymous

posted 2 months ago

Q.Domestic Violence Protection
Hi
I have been married for one n half years and have a baby. My in laws have been emotionally and verbally abusing me since first day of my marriage. They were expecting dowry. They name call me and use foul language. My husband also physically abused me. Afterwards he said how can I prove he has physically abused me as I don't have any proof. Please tell me in this matter . How can I prove he has abused me.

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 2 months ago

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A. ) Dear Madam,
Your oral evidence coupled by evidence of your parents and neighbors if any is sufficient to establish Domestic Violence against you.

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Shreyash Mohta

Experience: 1 Year(s)

Responded 2 months ago

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A. ) In case of physical abuse the most valuable evidence is a medical report.
If this medical report can prove that you have been physically abused it can be used against your husband showing that he has abused you physically.
Thanks

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Suneel Moudgil

Experience: 15 Year(s)

Responded 2 months ago

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A. ) if you want to remain in the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and start afresh, and if failed, file Restitution of conjugal rights petition in the Court,
and,
if you want to terminate the matrimonial knot, then,
try to settle the matter amicably with your husband involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish,
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (for causing mental, emotional, physical and monetary abuse, etc), you have rights to claim residence, protection, compensation, etc
also, file maintenance claim,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
you need not prove your husband's, in-laws' abuse, your statement is enough
Call/mail for a detailed discussion/understanding

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