I left matrimonial home on feb2015 due to domestic abuse by inlaws including married sister in law,started to live with 5months daughter at paternal home.In March15,inlaws lodged a GD in local PS against me when it was not a month passed they expelled me.After that they made a complain to Police Commissionerate in May15 against me.On July15,they made another GD in local PS against me.On july15,I made a GD to my local PS complaining about the domestic abuse,mentioning all my stridhan articles are kept in my matrimonial home.Apart from that my inlaws (husband,father in law,mother in law,married sister in law) went to all my relatives house,my father's office,my father's office colleague's house,my past working places,my friends house,local mahila samity & many more places to humiliate me(narrating fake story of my extra marital affair) & after that my husband approached for mutual divorce in june15(I've the recording approaching for divorce). Probably they expected that being humiliated I'll agree for divorce.In aug15,I filed a prelitigation case for solution but it failed & disposed on nov15.On 2016,my husband filed custody case where got visitation right at my residence.But after 6 months visitation,he made 2false GD,a notary narrating that I'm restricting him to visit his daughter at my place & as a result visitation shifted outside.On july17,he filed divorce case.I'm contesting both the cases.On oct17,I filed RCR & on nov17 I filed maintenance for my daughter as I'm working woman but yet to receive any maintenance order till the day.Now I'm in urgent need of money for my daughter's admission,educational & other exp that I want to claim other than the maintenance exp.My husband is a state govt employee & he is in control of inlaws.They expected a boy despite of a girl child & after birth of my daughter they started behaving likewise.I wanted to save marriage & hence I didn't filed any case that can harm their prestige.
Since last 3 years I tried to communicate with my husband about my daughter's vaccination,school admission etc but he behaved indifferent & used slang lngs for me/my parents(communicated through letter).
But now my question is-
1.To file a dv case what may be the grounds when it is already 3 years passed I left matrimonial home.Can I file the case on the basis of continuation of dv using letters mentioning slang languages for us?
2.They made 4GD,1complain to PS,another complain to mahila samity.He gave letter for stopping my locker operation.Can I use GD/Letter as emotional/economic abuse?Is it work to prove DV?
3.During visitation he using slang lngs for me in front of my daughter & she's uttering same lngs & 2-3times he tried to take her away from me.Is there any law that can protect me/daughter?How can I restrict visitation?
4.Can i claim monetry relief/compensation for abuse sec20/22?
5.can i claim relief sec26?
6.How can i claim residence order sec19 if my hsbn didn't allow me to matrimonial?Can i claim rent for same?
Asked 4 years ago in Family Law
On last day in custody case my husband filed false evidence supported by affidavit as he had sent me some sms regarding daughter's visitation which are fabricated & not sent to me.He submitted snapshots of messages.Using those he is trying to prove that I violated court order.He submitted but messages are not exhibited.
My question is-
1)Can i made complain u/s 340 for that false messages supported by affidavit?
2)As those are not exhibited if there is any chance of rejection of the complain by court?
3)Where should I made the complain-to the same judge or to any other judge of same jurisdiction?
Kindly give your valuable suggestions.
Asked 4 years ago