• Filing a case under DV act if husband has illicit relationship

my husband has illicit relationship and when i tell him to leave that woman he beats me, verbally abuses me and  threatens to kill me. initially i had filed a complaint on june 4 2014 but on june 9 he had again beaten me and verbally abused me. i called up the police at my home and he threatened to kill me in front of the police. both of us were taken to the local police station where after a discussion i had signed stating that this is our personal matter and we need to one week's time to think about it. was my this step right? can i ask for a protection officer after this one week's time and next when they record my statement what all do i need to mention. he behaves in a similar way with my children can i include them in my complaint. he also harms himself and claims that i had beaten him, how to deal with this?
Asked 2 years ago in Family Law from Faridabad, Haryana
Religion: Hindu
1) file complaint before magistrate under Dv act and seek protection order against your husband 

2)also seek right to stay in shared household or alternative accommodation .

3)also seek maintenance for your self and minor children . 

4) there was no harm in giving your husband one week time . but if harassment continues you have to take action against your husband . 

5) you can record your husband threats next time when he threatens you . it can be relied upon to substantiate your case in court
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
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Dear Querist
File a complaint before magistrate under section 12 of domestic violence act read with section 17 - 18 / 20/22/ 23 as per your requirements.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
1/ Yes lodge complaint of adultery in the local police.
2. File a case of domestic violence u/s 12 of PWDV Act and u/s 498A IPC as well.
3. File a suit for divorce as well.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Being agree with k Mr. Sethi and Mr. Qureshi I am of the that you can file an application for judicial separation along with maintenance of yourself and your children. 

As far I think you have already give much time to your husband and now need not to do the same.

Just initiate proceedings and get rid of him instead of losing your life.
Mahesh Vyas
Advocate, Bikaner
21 Answers
0 Consultations
Not rated
Do you want to continue the marital relationship with him? If it can be proved that he is indulging in adultery try to gather evidence of the illicit relationship. I am also of the view that you should file a case of DV against him and file for maintenance for you & to your children.  You can seek protection order against your husband by filing a complaint before the magistrate and exercise your right to stay in matrimonial home or in an alternative accommodation. It is good that you decided to give him a week's time to mend his behaviour.
Shashidhar S. Sastry
Advocate, Bangalore
1240 Answers
59 Consultations
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1. Do you have any proof of your husband being in an illicit relationship? If yes, you can on the basis of that proof file for divorce on the ground of adultery. If you do not have proof then it would be wise to engage a detective agency to collect it and then file for divorce.

2. File a case of domestic violence and seek protection through assignment of protection officer. If your husband violates protection order he can be jailed for non compliance by court.

3, File a separate complaint for adultery against your husband. If police refuses to lodge FIR then file the case directly in court whereupon court will compel the appearance of your husband.

4. In addition to what has been suggested above, you may also sue him for maintenance. It is his inescapable obligation to provide financial support to you.

5. Threatening to kill some one is a very serious offence. If police has washed its hands off then move to court for registration of FIR if even after a week your husband does not mend his ways.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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File a complaint before magistrate under section 12 of domestic violence act r and along with that complaint in women cell of your area
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
HI,
 As a wife you have many options available to seek relief.
  It is unfortunate that police did not take his threats to kill you seriously.
1.  Fie a complaint before the magistrate under protection of women from domestic violence act 2005,sections 17 to 23 for different reliefs, like protection  and prohibitory order, maintenance, residence order on shared accommodation, compensation ,custody rights of children etc.

2. Lodge FIR under 498A & 406 of IPC, in case police refuse to take a complaint you can approach the magistrate court and file a complaint through  your lawyer.

3. Since your all troubles start of an extra marital relationship, you can  consider filing a divorce on adultery ground if you wish to go ahead with a divorce.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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yOu should adopt both remedies 1. filing FIR .2. FILING dv ACT case. in case police donot register FIR YOU may get order from court under 156(3) CrPC
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1. Try to collect evidence of his cruelty viz., audio/video recording, SMSs, emails etc, if possible,

2. If 7 days are over & he has not changed, file a strong complaint well drafted by a lawyer bringing charges against him for adulterey,U/s 498A of IPC etc.,

3. If police does not act, file a petition u/s156(3) praying for a direction upon the police to treat the complaint as FIR and act based on it,

4. File a maintenance application u/s125 of Cr.P.C.for you and your kids,

5. File a DV case praying for protection and residential right for you and your kids.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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