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PRAKASHCHANDRA MARU (lawyer)     13 November 2009

domestic violence

a lady had married before the 10 years with the man but due to the some medical problem she is unable to  get chils and due to this reason her husband pressure for the divorce now she does not want to divorce her but her  husband want the divorce  her husband has affairt with other woman and he would like to marry with her if she goes her mother home and can she file complaint at the same court where she lived with her husband if yes pls inform judgemdnt if any have u regards



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 3 Replies

Adv. T.K Sujith (lawyer)     14 November 2009

The victim of the domestic violence can file complaint before the magistrate where her residence, husbands residence and wherever she resides temporarily or permanently.

 

 

See:

Protection of women from domestic violence Act 2005,

 Section 27, Jurisdiction.—

 

 (1) The Court of Judicial Magistrate of the first class or the Metropolitan Magistrate, as the case may be, within the local limits of which--

            (a)        the person aggrieved permanently or temporarily resides or carries on business or is employed; or

            (b)        the respondent resides or carries on business or is employed; or

            (c)        the cause of action has arisen, shall be the competent Court to grant a protection order and other orders under this Act and to try offences under this Act.

            (2)        Any order made under this Act shall be enforceable throughout        India.

1 Like

vinaya sakpal (family lawyer)     15 November 2009

hi. from your text it appears that you want to consume marital relationship.

my advice will be

marriager serves more purpose apart from having children. The mentality of your husband need to be changed. your inlaws are less helpful in this matter. 

see if your husband is acting under influence of that lady which you said he engaged with.

if your husband values you, respects you then you go for continuing the relations otherwise go  for divorce. because some or the other way he wants to get rid of you.  if he want to go by legal means its ok.

why do you want to stay with your husband when he dont want you and need u.

try  to convince your husband for the option of adopting child rather than breaking marital ties.

if your husband is mature enuogh he will understand it and will not spoil the relation for this reason .

your problem is phisical one. and you have to council your husband in way that he will realise that  phisical problems are cannot be cure. our body is of preshable nature. it is going to change day by day. its a law of nature. even if u r healthy today u cannt guarantee when u will feel seek .  and decease may be of any type curable or not curable.  this is decease like cancer / dibetecs or high b.p. , and we cannot leave the person if they suffer from high B.P. or Dibetec even thy r harmful disease. today the familis are showing good attitude to the person affected by HIV AIDS . then why this injustice to you

your matter need counciling . what court can do

cout wil  help u to compel ur husband to live with u but cant compel him to respect u and love u inspite of ur illness.

if u think ur husbi can leave the woman , then go for conciling .  otherwise prepare to get separate and start your life with new vigour. life dosent stop.  dont waste your life for person who dont understand the value of life.   furthere help pls mail me - adv.vinayasakpal@gmail.com

 

1 Like

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     16 November 2009

 

 

U can file any case from anywhere. So dont worry.

First file a case of DVA and demand to reside in the same house with the husband.

Else u can move to ur mother house and file the case at that place also.

Sorry but it is true that he will get the divorce on the medical grounds. But if u dont have such problem (Plz mdae a thorough check from doctor) then divorce willnot be granted.

 

Regards

adv.kamal.grover@gmail.socm


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