• Domestic violence against me and my 10 month baby

My in laws abandoned me and my child in a hospital . I have filed dowry case against them but they have locked their house and I have no place to live . They have taken AB and police is not helping in finding out where they are living. What to do ? Even to issue court notice I don’t know where they live. My baby dress medicine everything is in der house I am tired of this law and police
Asked 1 year ago in Family Law
Religion: Hindu

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18 Answers

Inform to protection officer in family court. He will make arrangements in service center provided under the DV act. 

Kallol Majumdar
Advocate, Kolkata
2792 Answers
4 Consultations

5.0 on 5.0

In ABA they have to give the new address to court. You can get it from court. You can pray you the court for getting their address

Prashant Nayak
Advocate, Mumbai
23004 Answers
49 Consultations

4.4 on 5.0

Dear Concerned, 

 

If you are tiered of Law and Police than you should rather look at the bigger picture - THEIR is an ABSCONDER HUSBAND who has dumped you. TODAY you are unemployed and have a baby to care off......

 

A. File a domestic violence case against your husband and inlaws / ALTERNATIVELY IF YOU have got the guts break into the LOCKED house and start living - THAT"S your matrimonial house and you last resided together there, YOU may face a illegal trespass case BUT DV case will come as protection there. 

 

B. START looking for a Job and alternates who can take care of your baby i.e your siblings or your parents when you work. DONT waste your life sitting ideal and hoping husband would come and support you financially. 

 

IF HE wanted to support you he would not have ran away - THATS his duty and he will have to support once he is found. 

 

Best of luck 

 

Atulay Nehra
Advocate, Noida
1247 Answers
58 Consultations

4.7 on 5.0

You should file domestic violence case against your husband and in laws seek protection order, right to stay in your matrimonial house or alternative accommodation, maintenance and compensation for mental torture undergone by you 

 

2) you can also file application for maintenance under section 125 of cr pc 

 

3) summons can be sent at last know address. If unserved apply for substituted service 

Ajay Sethi
Advocate, Mumbai
80564 Answers
4945 Consultations

5.0 on 5.0

Dear client,

It's your duty to find the address and to give it to police. You should make inquiry about their address with the help of nearby persons and there relatives. 

Jaswant Singh
Advocate, Gurugram
903 Answers
2 Consultations

4.8 on 5.0

Dear,

       You didn't mention your husband, that he is with you or not.

        Matrimonial house is that, where your husband lives.

        You already filed a dowry case, now file a domestic violence case.

        File case for maintenance also.

        In the dowry case they updated their address, you will get from there.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

1. You can ask Police to break the lock and enter to retrieve the medic and dresses for the child apart from letting you stay there. If they refuse which is most likely then you will have to take order from court in the case filed under PWDV Act.

2. In the DV case the court even without giving service of case notice to your in laws can give you such permission ex parte.

3. otherwise you will have to wait till you get such permission after contested hearing. 

There is no other way out.

Devajyoti Barman
Advocate, Kolkata
22032 Answers
325 Consultations

5.0 on 5.0

Dear Madam,

You may please file DV Case seeking following relief.

=========================================================================

 

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.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
5700 Answers
258 Consultations

4.8 on 5.0

Dear Madam,

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.

The following information may kindly be read:

Woman can file harassment case from anywhere: Supreme Court

A woman, who is forced to leave her matrimonial home due to harassment, can file a case against her estranged husband and in-laws at the place where she resides thereafter, the Supreme Court ruled on Tuesday.

A bench headed by Chief Justice Ranjan Gogoi said that a woman, who is forced to leave her in-laws' home due to commission of cruelty on her, is allowed to initiate criminal proceedings under Section 498A of the Indian Penal Code from any place she sought shelter in -- be it a temporary arrangement or from the residence of her parents.

The judgment, which comes as a big relief for the victims of dowry harassment, settles the debate on the issue regarding the place of filing of the case under the above section.

Earlier, criminal proceedings could only be initiated by complainant from the place where the offence occurred as Section 177 of the Code of Criminal Procedure (CrPC) made it compulsory that a criminal case shall be filed and the trial should be conducted in courts which had jurisdiction over where a crime occurred.

In January 2014, the apex court had observed that a case connected to the cruelty in a dowry harassment case can be registered and the trial conducted in a different jurisdiction from where the woman's matrimonial house was.

The Allahabad High Court had dismissed her plea in a dowry harassment case, as she had fled from her matrimonial home to her parents' residence, observing that under Section 498A, cruelty is not an offence which is continuing, and therefore, it cannot be investigated, or eventually punished, in a jurisdiction other than the matrimonial house of the victim.

However, the apex court has identified cruelty as a continuing offence under Section 498A, and the woman can file a dowry harassment case from the place where she has sought shelter.

Netravathi Kalaskar
Advocate, Bengaluru
4953 Answers
27 Consultations

4.8 on 5.0

See in case FIR is already registered you can file a DV case in court and can send notice to known address in case they fail to appear court can cancel AB and can issue warrent.

 

Shubham Jhajharia
Advocate, Ahmedabad
25521 Answers
125 Consultations

5.0 on 5.0

Break the lock and enter.

Yogendra Singh Rajawat
Advocate, Jaipur
21422 Answers
31 Consultations

4.4 on 5.0

As your father in law and his family is absconding it is now your responsibility to provide the exact address to the court so that the notice can be sent however they have got the anticipatory bail from the court but in case they are not responding to the notices sent by the court you can go to the court at the cancellation of anticipatory bail so that the police may help you

Vimlesh Prasad Mishra
Advocate, Lucknow
6802 Answers
23 Consultations

4.9 on 5.0

Hello, 

Approach the HC directly for a specific direction to conclude the process at the earliest. 

Write a letter to the SP and the CM also. 

Create pressure on the police so that they do their work properly. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
17860 Answers
318 Consultations

5.0 on 5.0

1. You are entitled for matrimonial home to stay, which has to be provided by your husband and in-laws.

2. One can find the address of your in-laws by means of Aadhar Card, Ration Card, Bank Savings account, etc.. and also through common relatives and/or friends.

Shashidhar S. Sastry
Advocate, Bangalore
3347 Answers
190 Consultations

5.0 on 5.0

you can file application/petition before the Magistrate Court where you reside and summon your inlaws and husband. as per your instruction your lawyer will draft complaint supported by an affidavit and other relevant documents.. 

Mohammed Mujeeb
Advocate, Hyderabad
18991 Answers
15 Consultations

4.5 on 5.0

Dear 

You need to file a suit of Domestic violence against your husband and his family. In this case you can get residence order in matrimonial home and protection orders. 

You should also send a written complaint to SP for registration of FIR against your husband and in-laws. Mention the details of the violence they have done against you and your child. 

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

If you have to get your property or things from that house and if the same is found locked, then you may file a petition before court about this and seek to break open the lock with the assistance of police, the police have to obey the court order once you get an order.

Discuss with your advocate and file a petition accordingly.

T Kalaiselvan
Advocate, Vellore
70617 Answers
986 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that police is not at all helpful and even if they happen to take any action then also you won’t be allowed to stay in their house.
  2. I would advice you to file DV case as it has to be filed in Magistrate court directly wherein you would be allowed to stay in house on the second hearing of the case.
  3. It is immaterial for the court to see as to whether they have abondoned the house or not, it can be order to break the lock and allow you to be there with protection from police if they happen to force you to leave the house on their coming back in the house.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

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