• Domestic violence

Hi, I got married in 2013. This is my second marriage and for my husband too. After a week of marriage I saw my husband doubting me for everything. I had to update every hour where I am and what I am doing ( even if am at home or office) . My husband used to doubt with my own brother in laws. He used flifthy words and I wasn't allowed to do anything with out his permission.Even after highlighting these issues with my in laws, I couldn't get help. I had experienced violent sex and verbal abuses. He left me in the house taking all house and car keys. For a week I couldn't go out from my house. Am living separately from 2015 Feb. I came to know about my husband first marriage where he behaved in similar way with his ex wife. Can I file case on domestic Voilence ? I have more incidents to share on the torture and humiliation I have gone through. Please guide me.
Asked 1 year ago in Family Law from Bangalore, Karnataka
Religion: Hindu
Hi, It is fit case to file a petition under Demostic  Violence Act, you can file a petition under DV for cruelty and your husband has treated you at most cruelty during your stay in matrimonial house. 

2. In the DV Petition you can also seek for residence order and so also for maintenance.
 
Pradeep Bharathipura
Advocate, Bangalore
4199 Answers
149 Consultations
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1) you  can file case of domestic violence and seek protection order against husband , alternative accommodation and maintenance from your husband 

2) also seek compensation for mental torture undergone by you 
Ajay Sethi
Advocate, Mumbai
27265 Answers
1482 Consultations
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1. Yes, you can file a DV case against him,

2. You can also file a Divorce Suit on the ground of cruelty, if you want to terminate the matrimonial relationship with your husband,

3. I will suggest you to discuss with him and settle the dispute amicably to save the marriage, if possible, since it is the 2nd marriage for both of you.
Krishna Kishore Ganguly
Advocate, Kolkata
13576 Answers
291 Consultations
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Being a victim of domestic violence you can file a complaint under domestic violence act to seek protection order against your husband which will be a court directive to him to cease all kinds of violence against you. You can also seek compensation from him on account of the domestic violence suffered by you. 
Ashish Davessar
Advocate, Jaipur
19587 Answers
507 Consultations
5.0 on 5.0
Hello,
1) You certainly can file a case of domestic violence under provisions of Protection of Women against Domestic Violence Act 2005 and seek compensation for the torture meted out to you, get protection, separate residence among other hings as domestic violence is considered a continuing  offence and there is no time bar associated with it.

2) At the time of evidence in the court you will need to substantiate the offences alleged supported with proof, either documentary or  personal testimony.

3)Engage a lawyer at your earliest and file the complaint in the Magistrate court.You can also file for divorce on the same grounds as you have been already staying away for more than an year. You can also move interim applications for reliefs in both the cases.
S J Mathew
Advocate, Mumbai
1987 Answers
79 Consultations
5.0 on 5.0
You have been subjected to humiliation in your matrimonial home. He tortured you, indulged in all sorts of violent activities including defaming your name by suspecting your character.  
You are very much eligible for filing a domestic violence case against him.  
You can file a case directly with the magistrate court under section 12 of the DV act.
However, you must ensure that this may lead to another break and this marriage may also not sustain.
However your safety is prime and important, therefore even the retaliation in the form of divorce from his side is imminent,you may decide to ensure a dignified life and safety of your future instead of enduring the suffering every day even to the extent beyond tolerance on the worries of blank future in the event of divorce.  
There is nothing wrong in taking legal action against your husband if he persistently tortures you and all the peaceful solutions have been exhausted. 
T Kalaiselvan
Advocate, Vellore
17407 Answers
165 Consultations
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