Domestic violence and maintainence
stani
(Querist) 21 January 2014
This query is : Resolved
married for 5years and have a 4yr old daughter not accepted,loved all these years. physically,mentally,emotionally financially abused in every way. constantly dragged and forced out of marital home where only my husband me and child lived. now sheltered at parents house.
filed a case of domestic violence against husband and inlaws for royally supporting him and being by his side and provoking him for all this nonsence. they want me to divorce him which i am not able to so trying everything else that i do so.
mediation failed and in court for argument of maintainence that is also being posponded as my husband and inlaws are taking dates with excuses. recently husband stopped all cash resources towards us and asked me to withdraw money from his cr card as he does not have any money.
multiple Police complaints filed against husband still the police was linient towards him and the complaints were not written exactly as i had dictated they have goofed it up.
constant torture from every possible way towards me and my child unable to bear i attempted suicide in year 2012 and was hospitalised. even then the police took no action against him and convinced me not to file any case against him and my husband.
now lawyers asking to proove that my husband physically and mentally abused me... and thats difficult to proove. what should i do?
also how can i fight for maintainence and for shelter and other things for the house?
V R SHROFF
(Expert) 21 January 2014
"prove that my husband physically and mentally abused me"
burden of proof on u.
hough no strict, must gether other related instances, acts & omission, Dr. treatments, who heard abusive words etc etc...
stani
(Querist) 21 January 2014
dear sir,
these instances have happened inside close doors and when happened outside there's no proof as such as he always abused me inside the car or house...
and does an audio verbal recording of abuse help in any way..
its very important to proove my side as he has two faces the best to the world outside and with me he is very indifferent. how can i proove myself
Rajendra K Goyal
(Expert) 21 January 2014
Case has to be proved beyond doubt in the court. Take help of a senior local lawyer who has been dealing in such cases. He would be able to advise present acceptable evidences out of all these facts.
ajay sethi
(Expert) 21 January 2014
agree with experts
Shonee Kapoor
(Expert) 23 January 2014
Even in benevolent laws like maintenance/ Domestic Violence etc. the onus of proof is on the complainant. Just by stating that one is abused, the case can not stand.
Regards,
Shonee Kapoor
www.shoneekapoor.com
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