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Simran Arora   04 November 2016

Domestic violence outcome

HI,

I have finally decided to file a domestic violence case against my husband. I have medical, police and phone records to prove it. I am asking for restraining orders. What else can I ask for as relief? I am earning well. Would I get child maintenance. Can I ask for one time settlement for the child in DV case?

Once domestic violence is proved, what will be the result or outcome. What next? I do not wish to go back to my husband. If he asks for divorce, I am fine to give it.

Thanks.



Learning

 6 Replies

Sachin (N.A)     04 November 2016

Dear Simran Arora,

 

Once you file DV Act case, first your husband got tensed then after attending 2-3 hearings he will came to know that court cannot issue any adverse order which can trouble him. And after 2-3 years you will also fed up from court.

 

So better decide the matter amicably and if you wished to divorce take one time settelment amount and go for MCD

Simran Arora   04 November 2016

HI,

I wouldnt have gone for DV. But he is forcing me to sign property papers and give away my share in the property. I waited long for him to change. But he isnt. I also suggested that we transfer the property in name of our kid. He refused that. He wants to get rid of me without securing even the child. He comes to my place and abuses and threatens me that he would file a case agianst me that I have stolen things from house and left the house. I heard that DV cases should be ended within an year.

I wanted to live peacfully but he isnt letting me live.

Sachin (N.A)     04 November 2016

DV Act is useless, and it is wrong that case will end in one year it may take a Decade, if you wish you can download any judgement of DV Act, it will show you how many years it took to decide a case moreover all the judgements will show you nothing has proved so case dismissed.

 

You may file other cases but DV is waste of Time.

sai narayana   04 November 2016

If you need protection from your husband, then D.V. is the option and you can ask for his share of child maintenance but he will claim child visitation rights.

Since the D.V. is criminal case, if it is proved he will be punished for his misdoings. No one can predict the time required, precisely.


(Guest)
God bless America and u both !

Vijay Raj Mahajan (Advocate)     05 November 2016

Restraining Order against the husband foe contacting you and the minor child in person at your place of residence and work can be secured if you have evidence to show about his misbehavior previously at these places.

Such order can be obtained as interim order in the Domestic Violence complaint that the Magistrate will grant. Along with this interim order of restraining the husband interim order for maintenance for minor child too can be sought and obtained.

The final order for maintenance for self and minor child is the issue that will be decided on the basis of evidence of both parties to be taken on record which will take time.

To say DV complaints can be decided in short period of time is anyone’s good dream that get shattered in the courts where it takes few years for final order rather few months or weeks.

Divorce by mutual consent after settlement of issues of child care/custody, settlement of issue of common property and alimony etc is best solution that can be initiated during the DV complaint proceedings on request to the magistrate for referring the matter to mediation and conciliatory centre of the court.


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