Esther (nil) 17 January 2012

Domestic violence

sir,

a diomestic violence case has been filed with 8 of the respondents (i.e) my husband including his parents & sisters. My husband is only appearing in the court for nearly 2 of the hearings & the others have refused to get the summon & say that they have changed their residence.

They are claiming my 7 month old son.

What does the law says? I am an MBA graduate ,at present i am not working. My husband is a school drop out earing only Rs.5000/- @ chennai. How will the case go on ?

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5 Replies

Sushil Sharma (Advocate) 17 January 2012

your question is not clear. please mention what claim you want to seek in your complaint

sridhar pasumarthy (ADVOCATE) 17 January 2012

Dear Esther,

For deciding the custody of child, the court will take the welfare of child as paramount consideration. In ur case, there are many chances for the court to lean in ur favour because the child is tender aged and u are financially sound when compared to ur husband.

As per Hindu Minority and Guardianship Act, if the age of child is below 5 years, normally custody of child would be given to mother in the absence of exceptional circumstances.

Esther (nil) 17 January 2012

Dear Sushil,

i have filed a domestic violence case against my husband's family,my husband came to the court for 2 hearing,but his family members didnt come,i need to know when will the case get over.moreover he has filed a divorce case, & he is claming my 7 month old son.how will it end?

(Guest)

In Indian courts family cases like divorce/dv runs for years .

In general after 5 years both parties themselves decides and finalize the case. The conversation on money ( maintenance + alimony ) will be started by both parties lawyers.