• Domestic violence act

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
Religion: Hindu

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15 Answers

1) DV is continuing offence . You can file Dv case against husband , in laws refusal to return your stridhan

2) seek maintenance from your husband for your daughter

3) mention that he and his family filed false Police complaints against you , maligned your reputation ,a stopped your locker operation

4) you can seek compensation for mental torture undergone by you

5) you can seek alternative accommodation from husband

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

Firslty, Mam, as per your query it seems that you have never been advised to go in which right directions as a result of which you and your husband family both have misused the law unknowingly.

Secondly, yes you can continue with the DV case for a reason plus presumption that you left the house due to abusove nature of inlaws.

Thirdly, you should move an application for early hearing as you need money for your child admission, and court would order for the same surely.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. You can file DV case and also police complaint u/s498A of IPC alleging dowry harassment stating that you had hesitated to file the same expecting your husband to mend his ways but in vain.

2. What are the complaints they had made against you in those GDs? Filing police complaint can not be considered as DV and stopping locker operation can not be considered as emotional/economic abuse against you. You shall have to narrate the actual incidences of causing DV against you in your DV case.

3. You shall have to audio/video record his said hurling of abuses upon you in presence of your daughter and also his attempt to snatch away your daughter from you for praying before the Court to reverse the child visitation order passed in his favour.

4. You can certainly pray for monetary relief and compensation as per section 20 & 22 of DV Act.

5. You can apply for relief u/s 26 of DV Act but you shall have to inform the Magistrate if you have already availed any relief as per other sections of the said Act earlier.

6. You can pray for order directing your husband to provide alternate accommodation to you.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Thank you Mam for your precious feed back over Kaanoon for me.

Rest you are free to have a detail conversation over phone with me through Kaanoon to help you in more appropriate manner.

Good Luck and Good Bless You...!

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

I have gone through the entire write up by you. Without seeing documents it will hard to give you cogent advice but if you file DV there is a judgement that can be placed to obtain ex parte ad interim maintenance. Need details to guide better

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

1. Yes you can file domestic violence case based on continuing offence and mental cruelty further you can state delay in your complaint stating that you wanted to save marriage though there was abuse and cruelty for the doctors sake further they have humiliated and filed false GD and complaints against you.

2. See GD can be used against you also but you can such a way that they filed false cases against you and you were in great depression after these cases.

3. You can challenge the order of visitation before the high court and in same petition also demand that father should pay for the daughter expenses equally.

4.Yes you can under DV act.

5. For 26 it applies when there is already on going proceedings. so you can claim relief along your RCR petition.

6.You can claim that you donot have place of your own to reside and before you were thrown out of house you resided in your matrimonial home and alternatively can pray for rent.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. You can apply for dissolution of marriage on the ground of cruelty even if 3 years have passed. The cause of action is continuous in your case.

2. Filing of a false complaint against spouse is an act of cruelty but then it has to be proved that the complaint was proved to be false.

3. Any order of visitation rights or child custody is only temporary in nature which can be revoked or modified due to change in circumstances. So if he uses slangs in front of your daughter then record it through a spy camera and then apply to the court to revoke the visitation rights granted to him.

4. You are free to claim monetary compensation and all other reliefs under DV Act.

5. Alternative accommodation can be claimed by you at your husband's expense.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. There is no limitation to file DV case which can be filed even staying at your parental home. So without wasting time file the same asap.

2. Yes, you can but even without those as well you have a good case. There is no need to rely on their complaints.

3. Yes file a suit for custody and seek injunction therein.

4. Yes

5, Yes

6. Apply for rent towards alternative accommodation.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Dear Client,

You can file for continuous act of DV and also on past incidents.

(a) “aggrieved person” means any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent;

This depends on as to on what grounds, he sought hold of locker, And if it`s your personal than economic abuse.

You can seek protection order u/s 18 of the Act POWFDV.

Yes, its your right to claim monetary relief and compensation and also, u/s 125 CrPC and sec 24 Alimony under HMA.

Yes,

File for residence order in shared household or alternative accommodation or rent.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Since it is a continuing offence you may file a DV case even now.

2. No, you may have to challenge them first.

3. You can file a petition seeking to cancel the visitation rights for his misbehavior and undesirable attitude which may spoil or harm the child.

4. No.

5. What relief? Under section 26 of HMA you can claim reliefs.

6. You file the petition before court and fight it out properly.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

1. First see whether he has submitted those evidences and they have been admitted as exhibits, if not then the 340 case will not be maintainable.

2. If they have not been admitted by court then he cannot prove his case.

3. First wait and watch where did he submit and then let the court take it on file, if it is a fact that he is lying before court then you can take action.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

These messages have not been exhibited by court

2) you can make application under section 340 of cr pc

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. yes the perjury can be filled for false evidence .

2. if not exhibited same are not considered of good evidence value it can be rejected.

3. Same court in the same complaint application can be filed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Complain is maintenance u/s 340 CrpC. request court to summon mobile and examine if msg sent and without 65b affidavit,snap shorts is not admissible .

Court will and cannot considered non exhibit documents.

Same judge.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. You can certainly lodge a complaint u/s340 of Cr.P.C. against your husband for submitting false evidence under affidavit provided you are sure that the said document never existed.

2. He has submitted the said document under affidavit which is enough for you to file the above application challenging the authenticity of the said document.

3. You shall have o file the said application before the same judge hearing your said mater.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

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