My location: 2008-2012( after marriage) : Delhi 2013- April 2017: Haridwar, Delhi May 2017 – May 2018: Mumbai Rest of 2018: here and there 2019 - …: Ghatal, West Bengal Husband’s location: 2008- mid of 2015 ( after marriage) : Delhi Mid of 2015 – ….: Mumbai In-laws: Kolkata Baby: 2018 : Mumbai Jan 2019 -…: with me Meetings: I have visited the in-laws' place several times. They visited me/us in Delhi, Mumbai and also visited me in Haridwar (in absence of their son). Significant incidents: I went through life-threatening pregnancy and critical post-delivery problems in 2017 and 2018 respectively. I am facing unbearable mental torture by my husband for more than one and half year and by my in-laws since marriage. This became maximum in 2017 when I was bed confined due to pregnancy complications. I finally complained against them (online, have the complaint numbers) in Andheri police station, Mumbai in 2018. I had to run away from Mumbai to save my physical and mental health, though I was suffering from acute sacroillities. Presently I, along with my baby, am staying with my parents in West Bengal. My husband and in-laws are still torturing me in all possible ways to force me to agree to live with my husband and follow his commands. My husband has threatened me that he will take away our baby by any means. They have recently complained against me in the police for keeping the baby isolated from them. I have come to know that they are preparing to lodge a case against me. In this situation, I have file 498 or DV for the protection of me and my baby. Local lawyers are advising for maintenance case but that will increase the mental torture. I want to punish them for their activities and stop them from interfering in my life legally. Yes, in addition, I need maintenance as I am jobless. But critical facts are: 1. I am jobless, have no financial independence. So can’t stay out of the parental home 2. Have a small kid (handling him all alone is impossible) 3. Workloads of incomplete doctoral research (failing which I shall never get a job due to career break) 4. Health is not fully recovered till date to handle all hazards alone Can I file 498 or DV in the local police station or local court? If yes, what are the exact section numbers I must use in my support? How the amount of maintenance to decide? his salary 35 lacs per year. My salary was 50000/- per year in 2012. Now jobless due to their pressure. how much compensation can be demanded for career loss, health crisis and mental torture even in pregnancy?
Yes a Domestic violence can be filed in the local court wherein you are residing. You can file a complaint under 498a and domestic violence act on ground of continuous cause of action.
See you you can seek maintenance as of 25 percent to 30 percent salary of husband.
1) Court may grant 25-30% monthly maintenance of his net salary, so you can apply under section 125 CrPC.
Dear Madam,
It is better to file a DV case against your husband and in laws in family court and lodge complaint against your husband and in laws u/s 498a in your local police station. Contact your local advocate and get legal service.
The proforma of DV case prayers is as follows:
PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
You can file DV case against husband and in laws wherein you are currently residing
2) dowry harassment case can be filed on city whetejnylu are residing if part of cause of action has arisen in said city
3) you can seek maintenance of Rs 1 lakh per month
4) compensation of Rs 25 lakhs in DV case
1. You can lodge complaint u/s 498A IPC from your present place of residence though lodging is more advisable in the place where husband is presently residing. You can file the DV case at your present place and the same is very much permissible.
2. The amount of maintenance would be around 1/3 to 1/4th of his income. Your past employment is of no issue here.
3. You can claim several crores towards damages and compensation.
Section 498 A of Indian penal code. Complaint under Domestic Violence Act. Maintenance petition under 125 CRPC. Maintenance application before family court if you are filing divorce.
You should immediately make a police complaint in a police station near to you,
as per the facts provided section include are (498A, 323, 406, 506 IPC)
you are further advised to get draft the complaint from one experienced lawyer for prompt action.
the amount of maintenance depends on many factors such as living standard, earning capacity, job status, educational qualifications, responsibilities etc but from the facts stated you can get something around 50000/- to 90000/- per month and maybe more as you are keeping the child with you.
amount of claiming compensation can be advised after getting through detailed discussion.
file the complaint before he files any case/complaint
Dear client,
DV and maintainance cases can be file at your present place and if any call threats at present than FIR can be file at your place.
Or zero FIR, can be file any where u/s 406, 420 ,498a, Sec 3 & 4 of dowry act.
Maintainance 30% of his net salary including child expanses.
Rest you can seek compensation under domestic violence act under various sections of Protection of women from DV act.
You can file your case where you are residing. In which jurisdiction of appropriate court you residing.
All depends on the drafting and pleadings the court will decide and will come to conclusion as to how much the quantam of amounts as maintenance to be pay.
If you want to lodge criminal complaint against your husband for dowry harassment and other related cruelties,. you may visit the local police station and make the complaint as if it involves the cause of action having taken place in your place also. You dont worry about the sections, the police will take care about it.
If you are not employed and have no source of income to sustain your expenses, you may apply for maintenance upto the extent of 30% of his proven take home salary income.
The demand for compensation can be made as judiciously as possible, say suppose you have lost more than Rs. 10 lakhs so far, you can demand the same
