• 498, DV, cheating, fraud

1. Hv given application in belapur women cell for domestic violence... Next date is 9th july for giving stmnt
Wat to say
Kindly tell me what is the procedure n time taken

2. After giving application shud i File fir DV rcr 125crpc n watelse
Husband wants divorce but i dont cos of our 8 year old daughter 
He wants to divorce bcos enjoys others company rome free from responsibility 
Dis is d main reason but is instigating n tking my videos wen i burst n wants to prove me mentally ill 

3. His wanted photo hd cum in newspaper bcos of non repayment of loan 
Family takes crop loan for personal use n waits for mafinama from govt 

Hs made me bankrupt family robbed my money n amt not pd pending to pay

Wat can i do in dis 

4. While getting married ws hindu origin Buddhist, but now strictly follow Buddhism to torture

Till today is torturing emotionally economically mentally
Physically has stopped

Daughter getting affected very badly psychologically physically emotionally mentally bcos he shouts n fites unnecessarily even beats her
Outside the hse he is dear n lovable father n in hse he is opposite 
Dual faced personality 

Uses fukat havrat n hurting deteriorating words 

I hd tkn care of marriage his n mine n even clothes for all h8s family members expenses, renovating his hse buying furniture paid elec bill done expenses to start family utensils gas etc

Filed 504 n 506 nc today


Pls guide me wat to do further stepwise so tht such kind of husband do not torture wife

My email address is [deleted]
Asked 6 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

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16 Answers

  1. On 9th July, before women's cell, you must give a truthful account of what you are going through. 
  2. Women's cell is an attempt to save your marriage. If it fails, then they may convert your complaint into 498A case. If not, you must file a DV case. 
  3. I fail to see why you want to be in this abusive marriage? You have stated it is for the sake of your daughter; but you aren't doing any favors upon your daughter by being in such an abusive marriage. 
  4. It's in best interest, not just of you but also your daughter, that you end this marriage by petitioning for divorce and seeking full custody and guardianship of your daughter. 
  5. I'm prepared to be your advocate in these matters. I need an exhaustive consultation session with you first. I'm based in Navi Mumbai/Mumbai, just as you are; so it shouldn't be much difficult to pay a visit to consult me.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1590 Answers
5 Consultations

You can file DV case against husband seek protection order, alternative accommodation, maintenance and compensation for mental torture undergone by you 

 

You can file application for maintenance under section 125 cr pc 

 

if you don’t want divorce file RCR petition 

 

also file dowry harassment case against your husband and in laws 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Better file police complain u/s 498a, 406 IPC. Sec 504 n 506 will not recover the amount. Hope you must be having proof of expanses incurred by you on him and family.

File maintenance case, can be file anytime - Application will also be file under Protection of Women from DV act for maintenance, protection orders, residence order and you can also demand compensation in the act.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Respected mam... 

  1. You just have to tell all the things which occures in the course of domestic violence plz do remember the date and time and mention it there... 
  2. if he gets agree to be with you then it's okk else file all the application such as u/s 125 crpc,  section 12 D. V,  section 3,4 Dowry prohibition act along with FIR under section 498-A of ipc
  3. Just make it clear and mentioned your appropriate money in your statement
  4. Mam just make your mind clear and then take descsion if you will have to procede them strike him hard legally 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

Dear Madam,

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

file Domestic Violence case seeking following reliefs:

 

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

You can go ahead with FIR under 498, domestic violence125 crpc.  You will get justice

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

after taking your statement police summoned your husband and police would take your husband statement. 

you can file 125crpc maintenance,  if you don't want divorce then you can file section 9 RCR..

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Do not file NC. File a FIR against the husband also under other sections like 498A etc and ask the police to take stern and immediate action. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. If you have given complaint  then give a statement based on the complaint narrating the incidences that happened to you.

2. It is your decision to file all the cases to torture him or to restrict with one case alone.

3. You can lodge dowry harassment complaint agaisnt him and ask for compensation of your money in the DV case.

4. For all such further issues you can discuss with your advocate and initiate steps accordingly.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

The procedure after complaint is that Police will record your statement and take further action accordingly.

Yes you should file DV , 125 CrPC and RCR simultaneously to pressurise your husband to take you back. 

He can't proof your mental state by few videos 

You can claim compensation in DV case for all the cruelty he has done against you by taking all your money

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

wait for some time 

 

2) if husband behaviour does not change you can file for divorce on grounds of mental cruelty

 

4) best option is divorce by mutual consent 

 

5) no need to write to commissioner of police against counsellor 

 

6) the objective is to help in reconciliation between parties 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Why going for counseling, file direct FIR, counseling provision over ruled by SC. Police will recover your articles.

If police not taking FIR, complain to commissioner.

And file maintenance petition in court. Court will order interim maintenance within a month.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

AM not Getting this --> did not still tell her about assault planned for adoption was feeling like committing suicide bcos of torture hiding fud snacks not tking on tour and other).

 

What ADOPTION , whom to adopt ?

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can settle the same if you want or proceed as advised 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. yes you should write a letter. 

Yo may write a letter at this juncture and do nothing more 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1.  You will not get any remedy from commissioner, he will again send the matter to the same counselor and the same reply will be heard from them.

2. You can utilize the compromise settlement or if you think of fighting back then you may have undergo strenuous issues including fatigue that you will experience once you start attending the court on hearing dates.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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