• Can we file DV case in court if marriage is less than 6 months old?

My sister's marriage was on 14nov. After few days her in laws started mentally torturing her. Her mother in law and husband want my sis to spend all her salary on them and not visit her parents place. The husband behaves rudely with her on the phone and he does not even want to come to take her away to his place, inspite of my mother' s and sister's insistence. The MIL is very interfering in her son's life. She brainwashes him to misbehave with my sister and the son doesn't listen at all to his wife. They had not asked for dowry and marriage is not registered yet. Can we file for dv case since my father had spend approx 15 lacs on this marriage? My sister is so emotionally drained she wants a divorce. Will divorce case be filed separately?
Asked 6 years ago in Family Law
Religion: Hindu

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14 Answers

Talk to her husband to find out if the problem can be sorted out. Sometimes initial incompatibility result is frictions in relationships which with passing of time often fades away.

So she may give some time to this marriage and after sometime there is no improvement in the relationship then she can file DV case as well case under section 498A IPC. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

She can file DV complaint any time, there is not any time limit.

she can apply for divorce under section 13 (1)(ia) of Hindu Marriage Act on the ground of cruelty. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Your sister can file DV case seek protection order, alternative accommodation and compensation for mental torture undergone by her 

 

2) she can file for divorce on expiry of one year of marriage 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Ans:- Yes, you can proceed to file a DV case. You need to file for divorce separately.

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

1. See if there is cruelty your sister can file under DV act.

2. Yes divorce has to be filed separately, DV is for cruelty and harassment.  

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can file everyone for cruelty and domestic violence. Yes divorce case will be separately filed

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. DV Act does not prescribe a minimum duration for marriage to file the case. Your sister is free to file the complaint case and seek various reliefs under DV Act.

2. The sum of money spent on marriage cannot be recovered under DV Act as it was spent voluntarily, but your sister can seek monetary compensation for domestic violence suffered by her.

3. Divorce petition can be filed by her only after a year from the date of marriage.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can. Domestic violence case can be filed anywhere and anytime irrespective of the time period since the marriage. The actions of the in laws and husband warrant filing of such a case.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Please note that the DV, DOWRY prohibition, and divorce are all different cases to be filed.

The DV case and dowry prohibition can be filed at any time but divorce case is normally filed after one year of marriage  and six month of separation.

For any further discussion you may call me. 

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Your sister have to take the steps very carefully in this regard.

If at all she takes any decision in haste to punish them as per law then her married life may be doomed and she may not have any respite in future towards retrieval of her married life.

However if the tortures are intolerable then she can decide to take it up legally by filing a DV case seeking the reliefs of protection, residence, monthly maintenance, compensation for the tortures and also for return of her articles lying in his home.

Consult a local lawyer on all the aspects and then proceed if things do not become normal.

 

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

- Yes, she can file case under the provision of domestic violence Act , there is no time limitation to file this case. 

- Further, she can also lodge her complaint against her husband and his relative , who are creating problem for her, before the women cell as well to resolve the issue . 

- As per Section 14 of the Hindu Marriage Act ,  A petition for Divorce can be filed by either husband or wife , after one year of from the date of marriage.

- Hence, she cannot file a Divorce case within one year of marriage.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Yes your sister can file DV case against her husband and his family.  

2. She can claim maintenance and compensation for harassment she is suffering due to misbehaviour of in-laws. 

3. She can claim residential rights if she want to live in matrimonial home.

4. She cannot file divorce till completion of one year of marriage. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

No demanded dowry but now asking for salary and otehr perks is dowry demand and some allegations of dowry demand are  made to strengthen FIR. File FIR u/s 498a, 406  and 420 of IPC. Don`t forget to mention that 15 lacs spend on marriage on their demand.

On the ground of extreme hardship, divorce can be file with in 1 year of marriage.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Dear Sir,,

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

Dear Sir,

Take power of attorney from your sister and 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

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