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Q. Domestic Violence Case

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Anonymous

posted 5 months ago

Q.Domestic Violence Case
My husband has thrown me out of my house, so I say with my one-and-a-half-year-old girl in my father's house and my husband does not even give me anything. What should I do?

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) if you want to rejoin 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 own wish,
if failed, you are advised to file/claim
498a complaint (for causing mental, emotional, physical and monetary abuse, etc)
Domestic Violence case (you have rights to claim residence, protection, compensation, etc)
maintenance case,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding

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Anonymous

Replied 5 months ago

My family does not want to take any kind of legal action. But I am worried about my future, if I am alone in this work, then what should I do and also worry about the future of my child

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Suneel Moudgil

Experience: 15 Year(s)

Replied 5 months ago

you have to take legal action for securing your and child's future

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 5 months ago

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A. ) Dear Madam,
You may immediately file a police complaint and also file DV case seeking following reliefs.
=============================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Suneel Moudgil

Experience: 15 Year(s)

Responded 5 months ago

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A. ) if you want to rejoin 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
maintenance case,
if you do not want to opt the divorce presently, you can ask for judicial separation also,
Call/mail for a detailed discussion/understanding

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Rameshwar Dadhe

Experience: 3 Year(s)

Responded 5 months ago

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A. ) File domestic violence case under section 498a of IPC or maintenance suit under section 125of crpc

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Sayaree Ganguly

Experience: 2 Year(s)

Responded 5 months ago

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A. ) Dear Client,
You should make a police complain at the nearest police station against your husband for causing you domestic violence under 498A.
At the same time consult an advocate and file a case of domestic violence under PWDV and also claim maintainance for yourself and your daughter under sec 125crpc .
Thanks

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Shreyash Mohta

Experience: 1 Year(s)

Responded 5 months ago

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A. ) You can file the following cases.

1. 498A
2. Domestic Violence u/s 12 of the PWDV Act
3. 125CrPc

You can move with mutual divorce u/s 13B or else contested divorce.
Thanks

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