Domestic violence case

Rahul Shinde (Querist) 03 July 2022 This query is : Resolved
Hi,
My wife had filled Domestic violence case under sec 12 & 21 against me, but during the pendecy of the case she died due to cancer. Before few months of her death she asked for maintenance of child.
My child daughter was in her custody but after her death child was taken away to different city by my father in law to their native place.
Then he filled application on my childs behalf to bring legal heir on record and another application to make him next friend. Which was allowed by Magistrate.

We have filed appealled against the order
Under such circumstances what should we do

Follow Query

Report Abuse

Quick Summary

This discussion concerns a domestic violence case filed by a wife who subsequently passed away from cancer. Before her death, she requested child maintenance. Following her death, the child was taken by the father-in-law, who then filed applications to have the child recognised as a legal heir and for himself to be appointed as the child's 'next friend'. An appeal has been filed against the magistrate's decision. The advice given is to wait for the appeal to be resolved, as the daughter is entitled to maintenance from her father, and the father has also filed a Habeas Corpus petition.