• Domestic Violence case

My daughter got married and after 15 months gave birth to a female child. Abusing and slandering had started within six months and increased after child birth. Than one day physical assault with cuts and bruises on arm and neck. She left the house without baby. FIR filed under section 323, 498 A, and 3/4 of D P act..Mahila Police station filed case and case came-up for mediation. In mediation they accepted their mistakes and accepted my daughter back. But after couple of months the same practices started with renewed energy. This time my daughter left the house with daughter after 8-9 months. we informed the Mahila Police station . than after some time we filed case in court for final separation and alimony and child's maintenance, all streedhan Gold and other gifted items.
 Due to corona period no notice could be served through court, Now the opponents have sent a notice from advocate, from an fictitious Delhi address. If he files a case in Delhi court can he dodge our allegations and his liabilities.although he has own house in UP.
Asked 11 days ago in Family Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

7 Answers

I am forwarding the law against harassment of wife by husband and his family. You will know all the law that is in your favor. Make use of whatever is required for you.

You have many options. Law is in favor of women. They are doing this because you are tolerating it once you enforce your rights they will realize their mistakes and mend their ways. Following  remedies are available to you…

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on your behalf or an Advocate engaged by you can submit an application to the Magistrate or police. A notice  will be served on husband and he will be asked to attend the court on a particular date. If he fails to attend court, he will be arrested by police and brought to court. You can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. entering the place of your employment;

  • attempting to communicating with you;

  1. selling any assets, operating bank accounts or bank lockers held jointly by both or singly by husband including streedhan.
  2. Residence order. Police will force your husband to give shelter in the shared house and restrain him from dispossessing you.
  3. Monetary reliefs:
  4. To meet the expensed incurred and losses suffered as a result of domestic violence;
  5. Loss of earnings;

  • Medical expenses;

  1. Maintenance for wife and children;
  2. Lump sum payment.
  3. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  4. You can file a case under Section 19 (b) or (d) Domestic Violence Act, 2005, under which  Court will order police to take to the matrimonial house and keep you there. Court can also order husband not to enter within 200 meters of house. If he obstructs you, police will arrest him.
  5. Code of Criminal Procedure, 1973, Section 125: you can obtain monthly maintenance for yourself and child. Employed or not, earning or not he is bound to pay you and your child maintenance.
  6. Indian Penal Code, 1860: You can file criminal case under Section 498A if there is cruelty or demands of dowry for which punishment is imprisonment upto three years.
  7. As per Section 6 of Hindu Minority and Guardianship Act, 1956, custody of child below five years will be with mother with visiting rights to father and custody after five years of age will be father with visiting rights to mother. Though this is general rule, this is not fixed law, in special circumstances child above 5 years especially which the child is girl custody is given to mother with visiting rights to father. 
  8. If they are not giving your belongings, you can file case against them under Section 406 of Indian Penal Code, 1860 for criminal breach of trust for which punishment is 3 years.

 It is not easy for him to get divorce, unless you agree.  If he files divorce he has to pay of alimony running into hefty sum.

It is strongly advised that you should…

  1. secure your ornaments by obtaining order, not to operate bank locker and bank accounts under Domestic Violence Act, 2005.
  2. Restrain him from house transferring as the same belongs to you son.

For further clarification you may contact me. Hit the like button if the advice is useful to you.  

A mother is aggrieved person under Domestic Violence Act, 2005 and can file a complaint against sons and daughters in law in Court of Magistrate. The Act is applicable to mothers also.

  1. Under Domestic Violence Act, 2005—
  2. You, any relative or friend on her behalf or an Advocate engaged by her can submit an application to the Magistrate or police. A notice will be served on sons and in laws and they will be asked to attend the court on a particular date. If they fails to attend court, they will be arrested by police and brought to court. She can obtain any or all of the following  orders…
  3. Protection order prohibiting husband from—
  4. committing any act of domestic violence;
  5. attempting to communicating with her;
  6. Residence order. Police will force her sons to give shelter in the house.
  7. Monetary reliefs can be obtained--
  8. To meet the expensed incurred and losses suffered as a result of domestic violence;

  • Medical expenses;
  • Lump sum payment.

  1. Compensation: compensation and damages for injuries, including mental torture and emotional distress.
  2. Code of Criminal Procedure, 1973, Section 125: she can obtain monthly maintenance.

 

 

Ravi Shinde
Advocate, Hyderabad
1441 Answers
16 Consultations

5.0 on 5.0

Dear client, 

The Filing of the case depends on the jurisdiction. Section 27 of the Protection of Women from Domestic Violence Act, 2005 talks about jurisdiction where the court of Judicial Magistrate of the first class or the Metropolitan Magistrate when the person aggrieved permanently or temporarily resides or carries on business or is employed; or (b) the respondent resides or carries on business or is employed; or (c) the cause of action has arisen. So, if he chooses from the above-mentioned areas to file a case then he can not dodge your allegations and his liabilities. 

Thank you. 

 

Anik Miu
Advocate, Bangalore
2499 Answers
26 Consultations

4.9 on 5.0

 Firstly you should know that for your your daughter is having the following right and claims from her husband. 

1. As per law, A wife has the right to claim decent living standards and basic comforts of life from her husband. Hence for claiming the maintenance for her & child, she should file a petition under section 125 CrPc.

- Her husband is under legal obligation to provide the same to her at any cost, even he is working or not. 

2. Law entitles wives a basic right to reside in the matrimonial/ home, whether the house owned by her husband or his parents, a rented property or officially provided to him. 

- Hence, for claiming her residential right, medical expenses etc, and also for teaching a lesson to the family members of her husband, who subjected her torture & harassment, she should file a petition under the provisions of Domestic Violence Act.

3. As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. The denial of Streedhan to the wife makes the husband and in-laws liable for criminal charges. 

- And further, if the husband or his family members subjected a woman to cruelty for the dowry demand, then they can be booked under Section 498-A.

- Since there is already an FIR lodged against her husband , then you should give attention that he may not get from the court 

- Further, as mentioned above out of FIR , your daughter can file the cases against him.

- Since, you have received legal notice from him through an advocate , then you can reply for the same after narrating all the cruelties done by them on your daughter. 

- Further, they cannot file any case against her , and even filed then it will not maintainable out of the jurisdiction of your daughters residential address.  

 

You can contact me , if further suggestion required. 

Mohammed Shahzad
Advocate, Delhi
7982 Answers
85 Consultations

5.0 on 5.0

You should engage advocate and send detailed reply denying allegations made in legal notice 

 

he is liable to pay maintenance and alimony and return stridhan 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

You should immediately file a domestic violence case against him and his family. Also file a maintenance application against him in the family court.

Once you have filed a divorce petition he cannot file another one. The notice must have been sent by the advocate as they must be filing a petition u der s.9 of the HMA. They will ask the court that they want you back.

Rahul Mishra
Advocate, Lucknow
13048 Answers
42 Consultations

5.0 on 5.0

You should not be bothered about the legal notice he has sent to your daughter at this stage. 

You better concentrate on your case in hand and try to push it hard to get him appear before court failing which you can request court to issue warrant against him or to pass an exparte order against him after which you can file an execution petition to execute the court order. 

You can issue a reply notice to his legal notice denying the allegations leveled against you in the legal notice

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can reply to the said notice through lawyer

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer