(Querist) 07 October 2021
This query is : Resolved
Dear experts good morning plz guide me in the following issue
Shankar got married one pushpa of andhra pradesh, at his residence in odissa on 22.04.2016. Since then he and his mother, sister harassing pusha for silly things, Shankar used to suspect his wife on every occasion and bet her. She bored the torture for long time, they were blessed with a girl child in 2017, Shankar accelerated his harassment and in 2019 necked out pushpa and child from their house. Later he issued notice for restoration of conjugal life. Having no support, financial family problems and innocence pushpa could not able reply the notice. Pushpa presently residing with her mother, father expired, she had two sisters. Recently she gave a report to police but they advised to report in odisha only or else approach court. Now at this stage she was advised to file maintenance case along with a complaint. What is the procedure and process to be followed by pushpa to move forward to get proper relief. Can she give a notice of restitution of conjugal life ? How can she get register a case against the accused even police denies to take report
(Expert) 07 October 2021
Smt.Pushpa shall file a maintenance case against his husband AP also though her husband is in Odisha. Where is she residing in AP? There is a free legal aid cell for poor people. She can consult there.
Dr J C Vashista
(Expert) 08 October 2021
She can file a complaint under section 12 read with sections 18, 19, 20, 21 and 23 of the Protection of Women from Domestic Violence Act, 2007 through a local lawyer. However, if she is unable to seek professional services of a private lawyer she can / should approach Secretary District / State Legal Services Authority to provide services of a lawyer, which would be provided FREE OF COST.
(Querist) 08 October 2021
Dear experts namaste I was much thankful for your replies.... Police are not showing interest to register a case on her complaint. Earlier her husband sent a notice for restitution of conjugal life, but due to innocence she could not reply, what will be the result of that ? Before filing a complaint under domestic violence act and maintenance case, shall she should give prior notice
The wife has to send a reply to the restitution of conjugal rights notice to her husband. After that, she can file a maintenance case in the court or domestic violence case as per the facts of the case.