Domestic violence
Nisha Shah
(Querist) 18 August 2014
This query is : Resolved
I have been married for 5 years now and my kid is only 1 and half year old. I used to stay with my husband and inlaws in my inlaws house. I have been adjusting a lot in these 5 years of my married life and lot of fights have been taken place with my husband due to various issues. Sometimes he use to fight with me because of my inlaws. After having a kid he has hit me thrice. Once he slapped me, the other time he hit me on my head,punched me on my shoulder area and then hit me with a broom the scar lasted for a week. But still I did not complain to the police for the sake of my kid. The third time again he slapped me but this time I lodged a complain in police and I have left that house then after. They have taken all the asset like gold which he made for me. Now I am scared about my kid. I dont want them to seperate me from my kid. I want to know the legal procedure, whether he will suceed in taking away my kid from me. I do not wish to stay with him amy longer. I am writting this because I do not have a lawyer to talk to. Please advice me on the same as this is very urgent.
Y V Vishweshwar Rao
(Expert) 18 August 2014
First get a mediation through Elders of both families / Relatives of both families /for Settlement of all issues between you
- if not settled ;-
1-You can approach Women & Child Welfare Officer in You Local Area and take their assistance and help to file DVC !
or /
2- Approach the Local Women Police Station and request them to help and to file DVC
Or /
3- Approach the Local Adalath /Legal Services Authority in Your Local Area Court
4- You can also directly file a complaint before the First class Judicial Magistrate with all details and for Necessary interim & Final orders you require such as ;-
1- Protection Order
2-Residence order
3- Child Custody Order
4-Compensation Orders
5- maintenance for You & Child
6- Recovery of your assets which are taken by them / or/which or in their custody
/or/
Consult Your Local area Lady Lawyer who can help in this regard !
Y V Vishweshwar Rao
(Expert) 18 August 2014
You can go through the procedure under Domestic Violence Act 2005 in the Lawyersclubindia with the following link ;-
Act ;-
http://www.lawyersclubindia.com/bare_acts/Protection-of-Women-from-Domestic-Violence-Act-837.asp#.U_HSTMWSy84
V R SHROFF
(Expert) 18 August 2014
I AGREES WITH Expert : Y V Vishweshwar Rao
Add : File 498A Complaint; 125 mtn, DV, thru Local Lawyer..
ajay sethi
(Expert) 18 August 2014
file complaint under DV act against your husband and seek compensation from mental torture undergone by you . also maintenance, right to stay in matrimonial home and protection order ,
Nisha Shah
(Querist) 18 August 2014
Thank you all for help
Nisha Shah
(Querist) 18 August 2014
Sir. at present the situation is that both the family members are quite. I do not know what is their next move is. I only need my child i.e his custody. My greatest query is that by any means they will suceed in seperating me from my child. Does the law permits this cause my child is an infant.
Y V Vishweshwar Rao
(Expert) 18 August 2014
Your Child is 1 and 1/2 years old only. The custody of child up to 5 years shall be with Mother only . Sec 6 of Hindu Minority and Guardianship Act 1956 .
Nisha Shah
(Querist) 18 August 2014
Thank you very much Sir. I am relieved from this tension.
Nisha Shah
(Querist) 30 October 2014
As per the above problem discussed by me regarding domestic violence, it is been 3 months now that I am with my parents house. I have received a legal notice from my husband in other words a threatening letter stating to return to him within fifteen days otherwise he is going to file divorce claiming the custody of my child along with maternity expenses and the expenses which he has spend on me. The maternity expenses was taken care of by my parents and after the delivery i was in my maternal home for three months. During these 3 months there has been no call from him or his relatives asking about the well being of the child. half of the things written in the letter are all false.
Sir what is the next step that I should take at the moment cause we are going to reply the letter cause i do not wish to go back to that house and to that person again,
Sir please help me on this cause this is urgent.
ajay sethi
(Expert) 30 October 2014
engage a local lawyer and reply to legal notice . you should have filed DV case as advised by us 2 months back .
Nisha Shah
(Querist) 30 October 2014
yes Sir you are right, but at that moment both the parties were silent. My parents were waiting for their next step. I am going to reply to that legal notice very soon. But will there be any problem now for not filing the DV case?? Please reply
Nisha Shah
(Querist) 02 November 2014
Sir, I have spoken to the lawyer and he will be replying to it. I wanted to ask you if I claim for the jewellery like Mangalsutra and other items which was made by my husband after marriage will i get it?? I am asking u this because my inlaws along with my husband have publicised to everyone that I have taken all the jewellery along with me and left the home which is wrong. Please reply to me Sir as this is very urgent.
Nisha Shah
(Querist) 03 November 2014
Please if anyone could reply to my query.
Y V Vishweshwar Rao
(Expert) 03 November 2014
You can claim all your personal items an Sreedhana Property !
