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moumita chakravarty   24 December 2023

Divorce case and domestic violence

hello sir/ mam

we are married for 6 year.  we had 3yr son too.  my husband lied everything about his job. he was not working anywhere.  my father always send money to me he take it. my son birth money also give from my father.  now he start to beat me after my son birth. his family also support him for everything. his mom first throw us from house after then he start beaten me more. he throw me out of house and told me to bring 2lakh if not then he will take my son.  I call my father he take me house with my son.  we are going to file case again him.  he don't even give me my jewellery, Scotty and laptop.  now he send me legal notice to come back to him.  I don't want to go him.  now what I will do.  

please help me.  I am afraid if I give he will take my son.  

 

 



Learning

 5 Replies

Dr. J C Vashista (Advocate )     24 December 2023

Before taking any available legal remedy(ies), it is strongly advised to sort out all problems/ disputes / issues amicably using social or other presssure(s) including counselling.

Instead of getting frustrated and disappointed by the cruelty committed by your husband and in-laws upon you and your son sufficient legal remedies are available, which you can claim (all or any) some of them are as under:

File complaint against your husband and in-laws under section 12 of the Protection of Women from Domestic Violence Act, 2005 for various reliefs (as required by you) under section(s) 18 to 23 of the Act.

Besides this, you should file a criminal complaint before local police (where you are residing-presently i.e., parental or any other place) under the provisions of Section 498A, 406 and 34 of the Indian Penal Code, 1860 for committing crimes as stated by you.

Moreover, you will have to contest the case under section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights (if filed) by your husband.

You must ask for sufficient maintenance for yourself as well as your son under the provisions of Section 125 of the Criminal Procedure Code, 1973.

However, wait and watch for filing suit for divorce under different provisions of Hindu Marriage Act, 1955.

It would be appropriate to consult and engage a local prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

moumita chakravarty   26 December 2023

sir today my lawyer said that we are not going to get anything like jewellery from my husband.  what will I do not.  my parents give me so many jewellery. can you help me in this

P. Venu (Advocate)     26 December 2023

You have effecive legal options to deal with the situation. 

Your present advocate appears to be less than professional.

T. Kalaiselvan, Advocate (Advocate)     26 December 2023

You can decide whether to go back to him and suffer the more or to better discard his relationship and file a divorce case.

You can file a DV case and seek for protection, interim maintenance, return of your articles and compensation for the acts of violence he unleashed against you and also ask for maintnenace to your minor son

There are ways to recover the money from him as per law.

You can change the lawyer and proceed as per law though new lawyer if this lawyer is not effective.

1 Like

Dr. J C Vashista (Advocate )     28 December 2023

It is advisable to replace your lawyer with some local prudent lawyer, who may cost you more but you will be bebfitted of his / her expertise. 


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