file Dv case againnst husband seek protction order . mention about his affair with domestic help
Incessant harrasment by domestic help with the help of my husband
I'm a senior citizen. My husband(a senior citizen), along with the domestic help has been harassing me on a daily basis. My husband and the domestic maid have an illicit affair. My husband doesn't want to stop the domestic help at any cost because of their illicit affair. she along with the help of my husband, has lodged a fake complaint against me and my daughter claiming we passed casteist remarks. When we approached the police officials, they themselves told us that my husband would go to any extent to protect the domestic help. She continues to threaten me saying that she would lodge a false complaint accusing me of passing casteist remarks. Can you please suggest me on how to refrain the domestic help from entering the house. (keeping in mind that my husband doesn't want to stop her at any cost) I am scared for my life and children's future.
Asked 2 years ago in Family Law
Religion: Hindu
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13 Answers
Dear client,
You can file a case of Domestic Violence against your husband. If you can, try to gather proof of your husband and your domestic help harassing you so that you have legitimate ground to stand on when you approach the police/court. Go to the police and file a complaint against your domestic help and husband, and tell the police about everything she has been threatening to do. Tell them that you are seeking protection.
Thank you.
- Since , you are a senior citizen , then you can file a complaint against your husband and the said domestic help under the provision of Senior Citizen Act before the higher police official .
- Further, you can also file a complaint before the court under the provision of domestic violence Act against them , and also can claim maintenance etc. from your husband.
- Further, you can also lodge a compliant against that domestic help for interfering in your matrimonial life before the police.
You strictly inform the domestic help to not to enter into your house and stop her entry even if your husband is preventing you from doing so.
Besides you can lodge a criminal complaint against your husband for the acts of cruelty and criminal intimidation.
You can also file a domestic violence case against your husband for physical and mental harassment.
You first file a complaint of the same with the police along with threats. Then proceed against your husband in DV complaint or other offences
File a domestic violence case against him. Also lodge an fir against your husband and your domestic help for criminal intimidation and threats.
Hi, You have no other option ask her to stop to come to your house or else you can lodge police complaint for bigamy against your husband by that way you can stop her.
Since my husband has been harassing me for years together, I had already filed a Domestic Violence case. Upon his assurance to let me lead a peaceful life, we closed the complaint and came up with a memo of compromise. But, he went back on his assurance and things have gotten worse. Now he continues to harass me with the help of domestic help. Due to social stigma, in the DVC I did not mention his illicit affair with the domestic help. I would like to know the following: 1. Is there any possibility to revive the old DVC? 2. If not, should I have to file a fresh case based on my memo of compromise between me and my husband? 3. Will the new case be as strong as old DVC? 4. He is going to file a divorce, will he succeed? 5. If yes, can he drive me out of the house?
Asked 2 years ago
1) You have to file fresh DV case
2) state that husband is having extra marital affair with domestic help
3) it would be strong case
4) your husband cannot evict you from your matrimonial home
5) seek right to stay in your matrimonial home and injunction restraining husband from disturbing your possession
Dear client,
1. It would be difficult to restore it in this scenario since the complaint wasn't dismissed by the court.
2. Yes, it would be wise to file a fresh case since the violence hasn't stopped - you can disclose the memo of compromise as well.
3. Yes, if the domestic violence is as bad as it used to be earlier then there is no reason to believe that it won't be as strong.
4. If you are not ready for a mutual consent divorce, then your husband can file a petition for Divorce in the Court and you will have to contest the same in the Court. However, since there is cruelty from his side and not yours, he will have to give legitimate reasons in court for wanting a divorce, which you can contest.
5. If he succeeds in in getting a divorce, he may also ask you to leave the house as a condition. This may be allowed.
Thank you.
1. No if it's disposed
2. You need to get this is your fresh incident of DV
3. Depends on your averments in it.
4. You can oppose
5. No he can't you are protected in DV Act for your residence right.
1. The domestic violence complaint can be given afresh with the latest cause of action.
2. It is a continuous offence hence you can very well file a fresh case mentioning that on his assurance to stop harass me, the earlier case was withdrawn, whereas he continues to behave even more wildly after the complaint was withdrawn. Besides he is intimidating on the evil advice of the servant maid who is having an illegal affairs with him.
3. It depends on how you draft the complaint.
4. you may challenge it properly.
5. you dont leave it. If he forces to leave or tries to evict you, then you may approach police to restrain him from indulging in such illegal activities.
You are entitled to live in your matrimonial home till such time you remain married to him.
Yeah you should again file the dv complaint as he has again harassed you. He has no case. Even if he files for divorce his petition would be rejected as he is the guilty party.
1. If you have withdrawal the compliant from the court on the ground of settlement and promise of husband , and if the harassment not stopped then you can move an application before the court for revive the old DVC , however court may ask for filing a new compliant due to change of cause of action.
2. Yes, and you an mentioned the said relationship with the domestic help as well.
3. Yes
4. No, you can claim alimony from him legally if he files a divorce case
5. No he cannot drive you out , you can seek residential right from him in the said DV Case.