Domestic violence
Suchitra
(Querist) 15 October 2015
This query is : Resolved
What are the next steps after filing the application by the applicant and written statement by respondent under Domestic Violence Act?
Facts of the case are as below:
1. This case relates to economic abuse by the applicant's husband by abandoning her and her minor daughter (16 yrs.)
2. The applicant got married in 1996. She is having two kids, one daughter and a son.
3. Her husband is alcoholic. He does not work.
4. The couple used to stay separately and stayed in Pune also as her husband worked there as driver. She worked in some factory and then as a maid in the house.
5. In 2014, the husband returned back to his house and when the applicant wanted to stay in her matrimonial house her in-laws including mother in law, brother in law, sister in law all physically abused her and thrown her out of the house. She lodged N.C. against them.
6. Probation officer had filed the report in the court.
7. The applicant has filed the application and written statement is filed by respondent under Domestic Violence Act.
8. So i wanted to confirm whether on this coming date i need to state the facts before the court?
9. I tried confirming with some seniors, the answers are different. One said i need to file affidavit. When i asked which affidavit and for what purpose, there was no reply...
10. So i want to confirm what will be the next stage in the matter.
P. Venu
(Expert) 16 October 2015
Please state the material facts.
K.S.Srinivas
(Expert) 20 October 2015
Come out with facts and clarity.
T. Kalaiselvan, Advocate
(Expert) 21 October 2015
You have to depose your evidence as PW1 by the complainant and for deposing evidence, you can give it in writing in the format of a proof affidavit. This will be next stage, i.e., the trial stage.
Suchitra
(Querist) 04 January 2016
To,
Respected Seniors,
I have a query regarding DV Act.
Facts of The case are as below,
Facts of the case are as below:
1. This case relates to economic abuse by the applicant's husband by abandoning her and her minor daughter (16 yrs.)
2. The applicant got married in 1996. She is having two kids, one daughter and a son.
3. Her husband is alcoholic. He does not work.
4. The couple used to stay separately and stayed in Pune also as her husband worked there as driver. She worked in some factory and then as a maid in the house.
5. In 2014, the husband returned back to his house and when the applicant wanted to stay in her matrimonial house her in-laws including mother in law, brother in law, sister in law all physically abused her and thrown her out of the house. She lodged N.C. against them.
6. Probation officer had filed the report in the court.
7. The applicant has filed the application and written statement is filed by respondent under Domestic Violence Act.
My Query:-
The house wherein daughter in law used to reside was of father in law. He is no more. The property is transferred in the name of mother in law.
In this case the husband is not working, neither is able to give maintenance as his advocate says he is having health problem. and there is a bar by Taruna Batra's Judgement that daughter in law can claim only house owned/rented by husband or the property is joint family property.
My query is can that house be called as joint family property? and if husband do not have his own house and is not earning and is not capable of maintaining the wife or give rent money what is the option left by wife in this case. Whether she will get any justice for such abandonment by husband and is surrounded by such legal bars.
Need guidance of all you experts so i request all you seniors to give me some solution.
Thanks,
Suchitra.
