hello

the Definition of domestic violence as per the act is —For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or

physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse,

verbal and emotional abuse and economic abuse; or

(b) harasses, harms injures or endangers the aggrieved person with a view to coerce her or any

other person related to her to meet any unlawful demand for any dowry or other property or valuable

security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct

mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.

a case can be filed against him if he has lived with you at some point of time in a shared household and his conduct constitutes domestic violence.

regards

As per the law...domestic violence takes place in the house and therefore there has to be a semblance of living together in order to slap these sections of the act.

Regards

1) for filing DV case it is necessary that there should be domestic relationship and shared household

2) you can file DV case against your husband

3) however there is no arrest in DV case

4) you cannot restrain your husband from going abroad

If you have never lived in same roof no DV case is maintainable

You cannot restrain husband from going abroad

Yes surely you can file and take action against him.

1. What is written in watsapp messages?

2. Sending of watsapp messages alone does not constitute domestic violence under DV Act so as to file a case under Section 12 of DV Act. There has to be a domestic relationship between the aggrieved person and the aggressor. Unless you could prove that your brother-in-law resided with you in a shared household the case against him will not be maintainable.

3. Even otherwise the proceedings under DV Act are not criminal in nature, so you will not be able to stop him from returning to US.

1. The content of the whatsapp messages is not made clear to us. if this is the sole incident then on its basis alone no DV case lies.

2. Do note that even if you file case under PWDV Act, his return to USA can not be stopped.

3. Such case if filed against him alone sparing your husband or other in laws would be further weakened.

Simply by putting a domestic violence case you cannot stop anybody to travel around until and unless he is arrested and even he is arrested and come out on bail he can travel after the permission of the court after complying the surity required.

You will have to explain the delay in filing the case.

the crime has to be reported at the earliest.

He can go back with the permission of the court

It is very difficult to stop him from going back to US.

Regards

Mam, if there is any kind of cruelty the messages prove then in that case only it can be filed since in case you have never lived together and there is no cause of action as such DV is not maintainable further the nature of the messages has to be seen to file a case on him.

DV case cannot be filed as there is no domestic relationship as such but in case he has intimidated you or threatened you in that case based on messages case of criminal intimidation along the IT act can be filled.

Dear,

What type of messages he sent to you?

You can't file dv case against him.

he is in another country, you can't file case from here.

when he came and do something wrong then file case in different sections against him.

Not domestic violence case but under Indian Penal Code and Information technology act , depends what messages sent - threat/molestation/abuse etc.

1. You can of course file a DV case against your husband's brother or any of his relative and whatsapp message can be construed as acceptable evidence.

2. India Law does not allow anybody to take revenge, settle score or teach the other side a good lesson. It offers the complainant the opportunity to seek justice and/or seek relief. The Court will award punishment to him if he is found to be guilty or acquit him if no allegation against him is finally proved.

3. However, if he is not found to be guilty by he Court, then he can file a police complaint against you seeking criminal action against you for filing a false case against him or causing damage to him and if his said allegation is proved before the Court, punishment might be awarded on you which might include jail term.

4. So, get fully sure that the said Whatsapp message is clear enough file the DV case against him.

1. Stopping him from going back is not a punishment mentioned in the law book for which you can not submit the said prayer.

2.The content of the whatsapp message is important in the instant case to decide whether it can be considered as a domestic violence on you or not. and for causing DV, it is not necessary the one has to stay under the same roof along with the complainant.

Please ready DV definition below

Definition of domestic violence.—For the purposes of this Act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it—

(a) harms or injures or endangers the health, safety, life, limb or well‑being, whether mental or physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any other person related to her to meet any unlawful demand for any dowry or other property or valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person. Explanation I.—For the purposes of this section,—

(i) “physical abuse” means any act or conduct which is of such a nature as to cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force;

(ii) “sexual abuse” includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman;

(iii) “verbal and emotional abuse” includes—

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is interested.

(iv) “economic abuse” includes­—

(a) deprivation of all or any economic or financial resources to which the aggrieved person is entitled under any law or custom whether payable under an order of a court or otherwise or which the aggrieved person requires out of necessity including, but not limited to, household necessities for the aggrieved person and her children, if any, stridhan, property, jointly or separately owned by the aggrieved person, payment of rental related to the shared household and maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable, valuables, shares, securities, bonds and the like or other property in which the aggrieved person has an interest or is entitled to use by virtue of the domestic relationship or which may be reasonably required by the aggrieved person or her children or her stridhan or any other property jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved person is entitled to use or enjoy by virtue of the domestic relationship including access to the shared household. Explanation II.—For the purpose of determining whether any act, omission, commission or conduct of the respondent constitutes “domestic violence” under this section, the overall facts and circumstances of the case shall be taken into consideration.

Its depends upon what text or demands words or sentence is mentioned in the whatsapp

On that basis will be treated under which act case should file on him.

What was the message that he sent to you which has affected you to this extent.

If the message he had sent you has really caused you any harm or damage to the extent of domestic violence then you can file a complaint agaisnt him with the local police also.

The domestic violence case will not prevent him from travelling abroad during the pendency and once he is out of the country even if you get an exparte order against him you will not be able to see him punished.

Consult a local advocate and proceed on the advise received.

we have never lived under the same roof anytime before.

does this mean I cannot file a DV case on him? and cannot stop him from Going back to US?

You cannot stop him from going back and there is no provision in law for domestic violence stopping him from travelling abroad.

He cannot travel back only if there is a criminal complaint pending against him in a court of law that too if there are restrictions from a court of law, otherwise he will have an easy exit.