• Domestic violence

My husband and my in-laws are not allowing me to enter the house just for a small fight only. They abused me my husband beat me often and inlaws asked for land and vehicle to bring from home. I came to my home to meet my parents when I returned they didn't opened the gate.My parents went for compromise asked sorry but they closed the gate insulted my parents. And this situation is going from last 5 months.What case can I file against them.
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

Hello 

         A case of dowry domestic violence and cruelty should be immediately filed against them. Moreover maintenance amount should also be demanded.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You can file Complaint for domestic voilence in police station or Court. You have right to live at your matrimonial house they cant stop you. You can also maintenance under 125 crpc and domestic voilence Act. You can also register FIR under section 498A IPC

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

See they have ill treated you there is domestic violence and physical cruelty you can file a police complaint under 498a , 323 ipc along with domestic violence act , dowry prohibition act for beating for demand of land against husband and family.

 


Further you can seek residence and maintenance under The protection of women from domestic violence act.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. You are entitled to stay at the place where your husband is staying.

 

2. If your in laws and husband is not alllowing your entry in to their house, you can lodge a police complaint against them and take police help to enter in to the said house.

 

3. You can file a DV case and lodge a police complaint u/s498A of IPC against them alleging dowry harassment.

 

4. You can also file an application in the said DV case or u/s125 of Cr.P.C. seeking maintenance from your husband.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

File DV case against husband and in laws seek protection order, right to stay in matrimonial home , maintenance, compensation for mental torture undergone by you 

 

2) also file case of dowry harassment under section 498A of IPC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You can file complaint at women's police station  

Mahila Police call them for counselling if matter amicably settle through counselling then it is ok if dispute not resolve then you can file DV against them 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Visit the nearest police station of your matrimonial home and file in NC in the police station and requesting to get back to your matrimonial home.

After marriage nobody can push you talk to home as that is your matrimonial home and you have all the rights to stay there.

You can file FIR under Section 498 a and Domestic Violence Act against the family members and your husband who are not allowing you to enter in the house.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Dear Madam.

First of all you file a DV case in Family Court and dowry harassment case in police station against your husband and in laws. The following proforma of DV case may kindly be read.

 

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.

 

 

 

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

  1. Prosecute all of them for cruelty under section 498A of IPC and dowry prohibition act. It means file an FIR with police immediately 
  2. File a divorce case in family Court. 
  3. There are other minor things you can do. But these are only temporary relief. Viz filing a domestic violence case under DV Act with the magistrate having territorial jurisdiction and filing maintenance case under section 125 of crpc. 
  4. Even if you do what is stated in 3), you must do what is stated in 1) and 2). 
  5. I'm prepared to represent you in all cases, criminal and matrimonial (civil) related to this. Your contact details aren't shown to me here. Please provide me your contact details in feedback, so that I can get in touch with you and give you appointment at my office for exhaustive consultation

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

1) You can file 498a dowry and Domestic Violence case against them all.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can lodge a criminal complaint against them under section 498a, IPC and sections 3 and 4 of DP ACT BESIDES OTHER PROVISIONS IN CRIMINAL LAW AND ALSO FILE A DV CASE SEEKING PROTECTION AND RESIDENTIAL RIGHTS.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You along with your parents file for domestic violence and FIR for dowry only

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

1. The marriage seems all over and hence it is better to forget to come back to your matrimonial home anymore.

2. On the contrary explore legal rights by filing case u/s 498A IPC and then case under PWDV Act seeking maintenance.

3. Do not agree for divorce on mutual consent unless your future is secured financially by them.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

  1. As per the information mentioned in the present query, makes it clear that you have been harassed for no reason and that is also from a person who suppose to support you in all odds of your life.
  2. You should file DV case against them from where you may also get a right to love in the same house without their interference in your daily life, and if they do so then they may have to go to jail also for non compliance of the order of the court.
  3. Along with that, if they still don’t give respect to you then please file  498A against them, the moment you do that they will understand the power of law for women.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client,

File criminal complain of dowry demand and domestic violence. File application in court under protection of women from domestic violence act to claim maintenance and residence right.

You can also seek protection order from court, than polcie will provide you security.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

First approach local police station and try to sort out that level before you go to court

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

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