r kumar 04 April 2017

Office address for domestic violence

Is husband office address can be used for filing a case of domestic violence under section 12 ,what if husband job be in danger also for that,and on which parameters alimony is granted.What are evidence needed as per court for proving adultery.Please reply.

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4 Replies

Sudhir Kumar, Advocate (Advocate) 05 April 2017

please come with facts of the case and how you are related and where husband is employed.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 05 April 2017

Dear Querist

My opinion on your queries are as under:

Is husband office address can be used for filing a case of domestic violence under section 12

Opinion: Yes, it can be used as per section 27 of Protection of Women From Domestic Violence Act-2005, read as below:

27. Jurisdiction.—

(1) The court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which—

(a) the person aggrieved permanently or temporarily resides or carries on business or is employed; or

(b) the respondent resides or carries on business or is employed; or

(c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act.

(2) Any order made this Act shall be enforceable throughout India.

what if husband job be in danger also for that,and on which parameters alimony is granted.

Opinion: Alimony/Maintenance can be granted by the court based on the income of parties and status of parties, if the wife is unable to maintain herself and she is not residing in adultry and she left the company of husband on sufficient reason then she can claim maintenance and she will be entitle to get maintenance from her husband and 1/3 of husband's income can be granted as maintenance or monthly alimony.

What are evidence needed as per court for proving adultery
Opinion:- Any documantary evidence or any eye witness can be proved the addultery otherwise not.
Read more at: https://www.lawyersclubindia.com/forum/Office-address-for-domestic-violence-148534.asp

Vegitta 11 April 2017

Sending legal notice to husband office, he is ur husband and not theft have some curtosy, if loss the job u will not get maintenance as he can claim its due to ur he is jobless

veedu (-) 17 July 2017

I think you dont have his residential address and he is absconding then u have no other go but to send summons to his office address. Claim for maintenance + compensation. Try to find out his residential address and stay there. If you are not staying with him, he can easily evade maintenance payments.