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anayawde12 (Service)     04 March 2013

Domestic violence

Hi

I  am victim of domestic violence by my husband. After few months of marriage he started beating and abusing me over money, used to ask dowry from my parents from time to time. My husband and in laws are of the opinion that he has all rights to beat me as I am his wife.  we also bought joint property by taking home loan on our name.My parents also gave money to purchase flat. few months back he had thrown me out of house so I have filed FIR under section 498 a, 323, 504, 506 & 34 against my husband. He was arrested and got bail on the same day. I dont want to go back to him since I have threat to my life as I have filed police complaint. I want to stay with my parents as I feel safe here.

My Questions:

1.  What is the procedure of 498 a case since now chargesheet has been filed

2. Since section 406 ws not included in FIR, How can I claim streedhan

3.What will happen to the property since I am co-borrower of home loan. Can I claim my right on the property.

4. How can I file DV case

Please help

Thanks



Learning

 6 Replies

stanley (Freedom)     04 March 2013

With all due respect I pave the path for my learned woman sympathetic friend to reply to this Query and he would convince you in the most appropiate manner with his legal knowledge and even tell you how to file a DV case,recover your stridhan . May we know your allegations as you have insisted that you want to file a DV case ??
 

As regards to the property 

Either parties would have to  prove their respective claims. The one who can prove his/her share paid will get the share to the extent he/she has paid for the flat. The property can be sold and the proceeds can be divided as per the ratio of their contribution towards the flat. Otherwise the one who wants to retain the property can purchase the other person's share.

Although my learned friend will differ with my statement of property he will convience you with his magic words :-)

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     04 March 2013

1. The case would be put for prosecution evidence, where the court would ask you to give evidence as per your allegations levelled.

 

2. 406 can be filed by putting a complaint.

 

3. The property can be partitioned.

 

4. You can meet the protection officer of your area.

 

PS: Court cases are lengthy and torturous, please also find out possibiities of mutual settlement.

 

 

 

Regards,

 

Shonee Kapoor

www.facebook.com/shoneekapoor 
Handphone: +91-8010850498
Email: harassed.by.498a@gmail.com

Yahoogroups: https://groups.yahoo.com/group/sahodar 

If you don't fight for what you want, don't cry for what you LOST.
 
 

stanley (Freedom)     04 March 2013

And these cases would go on for 5-7 yrs !!

You can file a private complaint with the Magistrate directly for DV  . But beware if you are unable to prove the allegations your case would just get dismissed than you would have to shuttle up and down to the court premises which is tedious and spend another 4-5 years in this court battle which would exhaust your time and your money in terms of lawyers fees .

As you do not wish to stay with your husband and if either of youll file for Divorce and it is contested Divorce it would take years by than your charm and your youth would be lost . By the time you get a match and say you are over 35 yrs of age and you wish to bear a child than after this age there are complications for pregnancy . Than you would go under depresssion .

So better to part mutually remarry and settle down in life :-).

Manoj Kumar Jain (abc)     24 April 2013

Court case running many years and last you have nothing in your hand. time and money waste in court. If you have cogent evidence then there should be chances to get any relief. 

Advocate Ravinder (Advocate/Attorney)     18 May 2013

You have merits in your case. Do not hesitate to file case, because of long court procedure.  You should not lose your self respect. Teach him a lesson for his fault.  Hire a good lawyer.  You will get your share in the property, 

sharma (ADVOCATE)     19 May 2013

You have done by filing criminal cases upon your husband, when you are also the co-partner of the loan or the building then it directly gives you a right in the property or shares from your husband.  Regarding stridhan, as shonee sir said you can file a complaint.  there are lot of indigrends to file domestic violence case, even a small amounts of cruelty is also recorded and you can be served with all means.  Try to explain your advocate each and every instance you faced and then give materialistic evidences.  Some evidences are not required, but literally words from the ladies are confined in the courts which speak, but be patient  to get justice from the courts as it is a lengthy process.  Fight on the merits so that you can get back your stridhan or any other property from your husband.  Best of luck 


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