• Rules for filing domestic violence

I left my matrimonial home before 17 months because they forced me to get out of their home. And my husband and mother in law threatned me that they will send me out of their home without my baby..after thier continuous torture. I left their home. But me and my parents tried to convince my husband continuously. We filed a case in shariath council, makka masjid, chennai. But they didnt accept me and my kid. Now i like to take legal step for getting compensation. Which law is best for me to get compensation ?? Maintanence or domestic violence? Some lawyers advise me to go for dv act. Some advice me for maintanance. Im in total confusion. I dont like to take revenge on my husband. I just need alimony from him. I have a 3 yr old girl baby. Please tell me which act is best for me to get permanant alimony.
Asked 3 years ago in Family Law from Dindigul, Tamil Nadu
Religion: Muslim
You can file a maintenance case against him under section 125 of crpc for child and yourself.
domestic violence case can not be filed after one year ofseperation.
feel free to call
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
Hi, it is better file a maintenance case against as suggested by learned brother advocate.
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
4.3 on 5.0
you can file Dv case . it is a continuing offence . since your husband is refusing to maintain you you can file case  claiming right to stay in shared household . you can also seek alternative accommodation . you can ask for maintenance for your self and your young 3 year old daughter . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
since you are not interested in taking any legal action againts your husband and mainly interested in the permanent alimony you can file a petition under 125crpc for maintenance and try there for permanent alimony by taking divorce with your husband
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
file a petition under 125crpc for maintenance and try there for permanent alimony by taking divorce with your husband,why are you going for DV
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
as mentioned in my reply Dv is a continung offence . you can file after one year of separation too . you have stated that you have been forced out of your matrimonal home . your husband is not maintainin g you and your young child .hence in my opinion you can file DV case .     you can seek protection order against your husband and in laws , right to stay in shared household , comepnsation for mental torture that you have undergone . 


if you want permanent alimony you can file for divorce .
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
SC held the limitation period for,filing DV case in inderjeet singh case.
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
he can definetly give power of attorney as he is residing abroad
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
thanks for your appreciation . your husband can give power of attorney to any of his family members if he is residing abroad
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
Yes he can execute a Poa or Spa
Nadeem Qureshi
Advocate, New Delhi
3721 Answers
140 Consultations
4.9 on 5.0
File a DV case and seek maintenance along with right to residence forming part thereof. Your husband is obligated in law to maintain you and your daughter. The liability can be enforced by you by filing a case under DV Act.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
In your case time limit shall not preclude you from filing the case as your husband continues to neglect you and your daughter, albeit any further delay may work against you.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Your husband can certainly give POA to anyone to conduct his case in his absence. However, he will have to appear on the date fixed for his testimony.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
Already replied in detail by my learned friends.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
madam DV is a continuing offence . In DV case you can seek protection order , right of maintenance , right to stay in shared household or alternative accommodation . in addtion you can seek compensation   for mental torture undergone . the reliefs that can be  sought and  granted under DV are manifold . hence i had at outset advised you to file Dv case . 

it is your call . if you want to file only maintenance case do so
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0
I have already told you that DV case can be filed to seek residence, protection and maintenance. Whether you are now going to file DV or a separate case for maintenance has to be decided by you.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0
resolved query
Ajay Sethi
Advocate, Mumbai
26066 Answers
1417 Consultations
5.0 on 5.0

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