Divorce
Rekha
(Querist) 05 October 2018
This query is : Resolved
I have applied for divorce and also got order of court for 'temporary injunction' restraining from my husband to stay in this home... but he is not going out from here... he still continues domestic violence on me and kids.. how can i get this order of court get implemented .. what further steps can i take to safeguard myself and kids.
Vijay Raj Mahajan
(Expert) 06 October 2018
You need to get protection order from the competent court under the Protection of Women from the Domestic Violence Act and any protection order passed by the court restraining him to remain in the premises where you are living if infringed can put him in jail, even the local police will arrest him and take him to custody.
Otherwise if the present order passed by the Family Court in the ongoing divorce case proceedings for restraining him to stay in the house where you live, the contempt application can be moved by you and get him thrown out with help of local police and taken to jail if he continues troubling you.
Dr J C Vashista
(Expert) 06 October 2018
Which court has granted injunction ?
Did you ask the question from the lawyer engaged by you who have managed injunction against your husband?
Incomplete information can not lead to form an opinion and oblige you.
Rekha
(Querist) 06 October 2018
The order has been given by IInd addl prl judge family court bangalore.. cas has been filed u/s 13(1) (1a) of the HM Act..
Dr J C Vashista
(Expert) 07 October 2018
Similar questions were posted by you in earlier posts.
Consult your lawyer for better appreciation of facts and reply.
yogesh
(Expert) 07 October 2018
If the queriest, have doubt, then it needs to be resolved by the expert members. Instead of attacking back, the expert opinion ought to have been granted with the materials, so that information seeker could be benefitted.
Well, u need to have, if the protection order has been granted, the execution of the order
Rekha
(Querist) 08 October 2018
I agree with advocate prasanna.. with this injunction order and an application i went to Rajrajeshwari Nagar Police station.. Bangalore.. i waited for more than 2hrs.. as the DCP (i dnt know his exact designation) was busy in some other work... after long persuasion including the lawyer.. that guy met us..
With a very rude voice he said "we don't know what is happening inside their home".. inform us when it happens next.. we shall take action... i didn't get any support from them.. only i had to pay money both to lawyer as she said this is chargeable service.. also to the police constable as he called my husband to the police station in front of us and took in writing that he would not do Any domestic violence...
But the situation after that is more worse now... he continues to consume alcohol and now he has stopped beating.. and started abusing me and my kids...
The situation is not tolerable..
I wanted to know what can be done to get the order of court implemented...
I am the only earning member, i am paying the home rent, the rental agreement is in my name... he is only spending money on his alcohol.. this money was the portion he got after selling our home..
