Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Sir, I am mentally and physically tortured by my husband and his family. They sent me to my parent home now Whether I can file a case against my husband and his family from out of matrimonial home city to another city for above act done by them. Please suggest me. Thanks
ajay sethi
(Expert) 21 December 2011
u nder section 27(1)of Dv act you can make application wherein you are temprarily residing . you can make application for maintenace , right to stay in shared househoild and also seek compensation
Devajyoti Barman
(Expert) 21 December 2011
You can file cases both under PWDV Act and under section 498A IPC , from your parental home. It is not necessary that you have to lodge complaint to the Police within the jurisdiction of your in laws.
Sanjeev
(Expert) 22 December 2011
@ Prachi- Before filing any case make up your mind that if you want to live with him or end the relation. If it can be resolved through mediation then resolve mutually.
Raj Kumar Makkad
(Expert) 22 December 2011
No such decision should be taken in haste. When all doors of negotiation get closed only then this last option of court should be exercised. You have various legal rights against your husband even from your parental home. You can engage a local lawyer for this purpose.
Devajyoti Barman
(Expert) 22 December 2011
Yes truly said that if there is a remotest chance of reconciliation you should explore that first. Legal recourse in marital discord should always be explored as a last resort.
Sailesh Kumar Shah
(Expert) 22 December 2011
Well guided by ld experts and taking of action under PWDV Act and section 498A should be last one.
Deepak Nair
(Expert) 22 December 2011
Yes. I too agree with the views of all experts. Take any legal action only as the last resort.
prabhakar singh
(Expert) 22 December 2011
agree with the views of all experts.
Shonee Kapoor
(Expert) 23 December 2011
The PWDVA, 2005 can be lodged from where you reside.
498-a can be lodged from the place where cruelty took place.
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