Injunction, domestic violence, and private complaint
I, charan and my mother wanted to file a case injuction,domestic violence and private complaint upon my father and his relatives.
my questions are :
1.How to put injction order on my relatives and how much time it will take the court to issue the notice to my relatives and how much cost it will take,pls give me neceesary steps to taken,
2.how to put dv case on my relatives and how much time it will take the court to issue the notice to my relatives and how much cost it will take,pls give me neceesary steps to taken,
3.i want to put a private complaint on my relatives to take necessary action to be taken
Asked in Property Law from Visakhapatnam, Andhra Pradesh
1) your mother can file domestic violence case against her husband and relatives and seek a protection order ,mIntenance and other reliefs
2) DV case has to be filed in magistrate court
3) contact a local lawyer and based on your mother instructions he would draft and file complaint
4) you will get interim orders in span of one year
5) DV cases take 5 years to be disposed of
6) legal fees vary
1. You can file civil suit for injunction against your relatives.
2. Domestic violence case lies only by your mother and that too if your relatives reside with you all in joint household.
3.You or your mother can file complaint criminal case against your relatives if their actions attract criminal charges.
You have not discussed your case or issues without which you want to clarification.
Well, domestic violence act will not be applicable to the people who do not belong your shared household.
You want get an injunction against the relatives for your grievances against them, well what is the grievance, whether they have indulged into criminal assault or atrocities against you and your mother?If they have done any illegal act or physical abuses, you can lodge a complaint with the police for initiating necessary legal action against them. If the police is not responding properly or found to be ineffective you may approach judicial magistrate court with an application under section 156(3) cr.p.c. for addressing your grievances with a direction to the concerned police for investigation and necessary action as per law.
Engage a lawyer to start the process to file for injunction. The court can issue the necessary directions even on the first hearing if need be. The cost will be the fee of your lawyer which I cannot tell.