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Neethu   06 April 2017

Seeking advice on filing a domestic violence case

Hi Experts,

We were married since 2011 and was living in Trivandrum, Kerala. During the past my husband used to be abusive and I had to file a case in Womens Commission in 2015 and that got settled and we started living again after about 1 year. Almost 11 months there were no issues, one day we had a high talk and he again abused me after having alcohol. I left to my parents home. It happend last year, April 2016. Now it is almost 1 year. I came to Delhi and having a job. We have a 4 year old girl child too. Now I just want to understand whether I could file a Domestic Violence case as well as a dowery harrasment case. Since I live in Delhi, can I file the case in Delhi? Is it necessary to register a case where the incident took place? Please advice.



Learning

 5 Replies

stanley (Freedom)     06 April 2017

@ Neethu 

1. Do you want to seperate from your husband ?? If so file for Divorce and settle off the matter .

2. you are independent working women ?? Hence you are capable of having your own source of income and are not dependent on your husband .

3. Do you seek that your daughter should be a fatherless chid .

4. Remember you cant make your husband as your  slave ??

5. You can file Domestic violence case from where ever you are . But are you ready to to go to the court for a period of 4-5 yrs and spending the whole day in the court with a young daughter to take care . And whats the evidence you have that you wish to prove domestic violence inside the four walls of your house .And than come back home and cook your meals .

6 . If unhappy go in for MCD and finish off the matter .

 

 

Kumar Doab (FIN)     06 April 2017

Both of you may try to save the marriage and both of you considering that you have a child.

Couselling may help both of you.

Take help of elders, well wishers also.

If it is not possible prefer MCD.

 

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     07 April 2017

Since you are living in Delhi, you can file domestic violence case in Delhi by virtue of Section 27(1)(a) of Domestic violence Act to get the reliefs available under the Act in Delhi. Dowry harassment case, if any part of harassment happened in Delhi, then only you can file the case in Delhi otherwise not. To get any relief under Hindu Marriage Act, if you are Hindu, you can file case in Delhi.

A walk alone (-)     10 April 2017

No need to file any case. It will spoil your and your child life for a decade in roaming court and wasting money on lawyers with zero result. If you go any lawyer he will suggest you a number of cases to file because he only want his fee. If you file DV you will not get maintenance as you are in job. But your child may get maintenance. If you have evidence to prove your allegations then you can think to file any case otherwise it's only wastage of your time and money. Better try to reconcile for better future of your child.

Kumar Doab (FIN)     10 April 2017

Try to settle the diffrerences and save the marriage.

Or prefer MCD.

Lawyers of both parties shall defend their clients.

Decision by court of law on merits, is pleasure of court.

The time to be decide can not be predicted and can be as per workload in court.


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