claim in domestic violence case while victim is in job
richa sharma
(Querist) 29 November 2016
This query is : Resolved
I m an engineer and my husband is a doctor. my husband has been torturing me since just after marriage, pressurized me to resign the job and i had to resign, He filed divorce case in family Court but his appeal was rejected and he again appealed in high court. i have filed a case of domestic violence on him. In domestic violence case i claimed 23 Lakhs rs under section of 22 (including 7lakhs for expenditure in divorce case, 16 lakhs for mental harassment. he has affair with a lady and has a child with her. i want to know that will court consider my claim as i again joined the govt. job on contractual basic with salary 29,500/month and he has his own private clinic with monthly income of 50,000rs. when the case of divorce was in family court then i was not in job. i had to bear all the expenses of csae. He is showing that his earning is only10,000/month. which is absolutely wrong, he is hiding his earnig. he had purchased land and built a new house recently on his own name. I hv registration certificate of that land. will this certificate help me in showing his wrong statement about his earnings. should i claim for 50% ownership for that house.
Kumar Doab
(Expert) 29 November 2016
The presiding officer is to decide.
Central Government Act
Section 22 in The Protection of Women from Domestic Violence Act, 2005
22. Compensation orders.—
In addition to other reliefs as may be granted under this Act, the Magistrate may on an application being made by the aggrieved person, pass an order directing the respondent to pay compensation and damages for the injuries, including mental torture and emotional distress, caused by the acts of domestic violence committed by that respondent.
https://indiankanoon.org/doc/1797053/
Kumar Doab
(Expert) 29 November 2016
Wife has no forced share in self acquired property of husband.
Wife is not coparcener in ancestral property of husband.
If you have contributed on record in purchase of the said land and house then you may claim.
rajeev sharma
(Expert) 29 November 2016
law has rightly been explained by expert as above. Your present employment does not effect your claim. Though you cannot claim any share in the self acquired property but the document you have may help you in getting a good compensation
Sankaranarayanan
(Expert) 29 November 2016
Nothing more to be added , well advised by the learned expert Mr kumar Doab
Kumar Doab
(Expert) 29 November 2016
Thanks for agreeing expert Mr. Rajendra K Goyal.
Kumar Doab
(Expert) 29 November 2016
Thanks for agreeing expert Mr.sankar narayanan.
richa sharma
(Querist) 07 December 2016
thanks all of you for ur suggestion. I have also filed 498A and 494 on him. If i file divorce petion now then will it affect these cases? will domestic violence case automatically close? if my husband defeat this domestic violence case and will appeal in high court and then i filed for divorce then what will happen?
Guest
(Expert) 07 December 2016
You must have hired a lawyer in 498A and 494 case. So, what is the opinion of your own lawyer in such a hypothetical case with future presumptions, the situation for which has not yet arrived?
But, what should be construed from your contradictory statements, as in your description for your initial query, you have stated to have put your claim for compensation of "7lakhs for expenditure in divorce case, while as per the present supplementary query you have yet to file a divorce case, as you have stated, " IF I FILE divorce petition NOW then will it affect these cases?"
Not only that, in your initial query, you have nowhere mentioned about bigamy of your husband, when you discussed about dv. There is a marked difference between having affair with some other lady and 2nd marriage. If bigamy case is there, you will have to prove that beyond any doubt.
Please be aware, solutions are for the problems, not for assumptions or presumptions.
You may better file divorce petition and if then any such situation arises, only then ask for solution.
OR ELSE, come forward with a real problem, if any for the present.
richa sharma
(Querist) 07 December 2016
sir my husband has a baby wth another child is it not sufficient to prove 494?
my lawyer said that divorce case will vanished after filing divorce case and other cases will also affected but another lawyer said it will not affect others. what is the fact, I m confused and facing difficulty in taking decision.
my husband was filled divorce case on false allegations before 4 years and defeated last year. so I demanded for expenses of case as a compensation.now he is saying if he will looses the domestic violence case he will appeal in high court and now i also want to divorce him. please suggest what is the impact of divorce case on other cases.
Guest
(Expert) 07 December 2016
You have not replied my question on contradictory description of your case. Is there any specific reason for not doing so?
Have not you asked your own lawyer or the other lawyer you consulted, what you have asked now on this thread, "sir my husband has a baby with another child is it not sufficient to prove 494?"
All your three posts give totally different positions, which creates a doubt as if yours in not a real problem, but a hypothetical problem.
Earlier you stated, "He filed divorce case in family Court but his appeal was rejected and he again appealed in high court." Now you have shown your intention to "file divorce petion." I wonder, if there is any logic of not accepting the divorce when filed by husband and now you want to file divorce from your side!
All these statement provide merely a hazy situation, whether your problem has any reality or a hypothesis.
If you have a confusion due to the difference in your own lawyer's statement and the other lawyer, better get the opinion of some third local lawyer, showing the whole range of case related documents to him.
Even otherwise also, I don't think your DV case would have any standing, as filed after the divorce case of your husband, even though failed.
Kumar Doab
(Expert) 07 December 2016
Other than any option that you and your lawyers might have thought of 'Paternity test' is also possible.
Your own counsels can advise you on strategies to fight it out.
Guest
(Expert) 07 December 2016
Even paternity test, as suggested by Mr. Doab, cannot be the yard stick to prove bigamy of your husband. Only illicit relations can be proved, which can make you eligible for divorce and to claim maintenance, if otherwise eligible, but not double marriage of your husband or domestic violence.
Kumar Doab
(Expert) 07 December 2016
You have posted that:
"I have also filed 498A and 494 on him"
So you have already filed.
"my husband was filled divorce case on false allegations before 4 years and defeated last year. so I demanded for expenses of case as a compensation.now he is saying if he will looses the domestic violence case he will appeal in high court and now i also want to divorce him'
He can approach court as deemed fit by him and as advised by his counsels.
You have NO control on him and his counsels.
Protracted litigation can dazzle many.
If both of you want divorce than isn't it possible to settle your terms once for all.
