Chaitanya Rakoti 21 February 2022

Good morning everyone

my sister suffered from DVC and we filled case against him since 2018 but due to covid it's always postponed we hired a lawer but he never used to give exact information regarding the hearing date used to inform just in morning of hearing where we cannot accommodate from distance and he always tries to compromise use by telling that the opposite party trying to give some money which we don't want. my sister suffered from grevious injury where she was operated for that without which she wouldn't be alive today. I do not know why my lawer always talking about opposite party and always trying to compromise us . we done both civil and criminal case on other party. After family councilling her husband openly told he don't want her he want to seperate leaving my sister and two small kids in vain. As I am still studing I am not able to support her. Till now no support from him. In this bad times our lawer is not with us . I tried to find my case details online in e-court site but no data available in there plzzz somebody help my sister and give some adivce kindly it will be great hearing from you by saving a family

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4 Replies

Real Soul.... (LEGAL) 22 February 2022

First of file an application under section 125 Cr Pc for maintenanace, and also claim previous expenses and everything from court. Secondly if you have complaint against laywer file an application before the bar Association and ask them for the redressal of grievances; You also fowrd your complaint to Bar council of india on ; https://www.barcouncilofindia.org/contact-us/ keep following up there. Meanwhile spend sometime time and go to the and enquiere from the regsistry about your case;

Change the lawyer and if you need legal aid apply ro ditsrct legal aid authorty .

Chaitanya Rakoti 22 February 2022

Thank you sir

Mayur Shrestha 22 February 2022

Dear querist,

1. As per the facts this is a clear case of Domestic violence and for the same, a petition can be filed under the Section. 125 of the CrPC, for claiming maintenance from your husband for your children.

2. Under Section 125 of the Crpc, the father is liable to maintain his children's whether legitimate or illegitimate, thus both boy and girl child have the right to claim compensation until they attain the age of majority, and exception lies with the girl child where she will be eligible to claim maintenance until she is unmarried or incapable of sustaining her livelihood.

3. Also it is to be noted the maintenance claimed will depend upon the income and assets owned by the husband against whom such claim has been so be vary of the same.

4. further, a complaint can be made to the protection officer of the women cell where the report submitted by you will be analyzed by the Magistrate, and once such application has been made the magistrate will list the matter and give a date where the respondents shall be called upon for cross-questioning, further upon the discretion of the court monetary relief may be granted to the prosecutrix and medical expenses, maintenance for the children and wife, and fit remuneration for mental harassment shall be provided by the respondents of the courts directs him to do so.

5. And, lastly you can also move a petition under section 13(1)(a)/(b) of the Hindu Marriage Act, 1955 for a grant of a decree of divorce on the grounds of cruelty and desertion.

Hope this helps.