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Shalini (Engg)     06 July 2009

Domestic Voilence

hi,

Me and My husband are seprated from last 3 years, because he and his family used to beat me, Now i want to file a case against him for Domestic violence/Dowry etc, please suggest wether i can do the same right now or not , we have done that earlier also at my native place but then we stopit by producing a application that we are trying to resolve the matter with help of relatives, but all in vain, nothing have happened yet since Apr 8, 2006.

 

Could anybody please help in the same

 

Thanks in advance

Regards

Shalini



Learning

 8 Replies

Dharambir Vohra (Advocate)     06 July 2009

 please do it now earliest. you can do it from the place you are at present residing

Shalini (Engg)     06 July 2009

could you please tell me after how many yaers marriage will be nul and void after sepration(not legally just mutually even nothing on papers)

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

first there is no such relief in law or elsewhere that a marrige becomes null & void if the spouses remain separate for a prescribed period of years ........ Divorces have to be mandatorily taken from court ( there are some execeptions where it is allowed as per customs in your caste which has to be proved ) on specific grounds mentioned in the Act according to which you are governed as per your religion  .......... there is nothing called automatic divorce ....

You have wasted quite a number of years in filing case against your husband under DV act ..... and all these years you have not been staying with him ....... this lapse could work out to the benefit of your husband if you do file the DV case against him ..... law helps the diligent and not one who sleeps over his/her rights ........

Himanshu Prabhakar (Advocate)     09 July 2009

i agree with Mr. Dharmesh ji but i suggest you like Mr. Dharambir ji says dont waste time in filing, every delay count against  you remember that.

Shalini (Engg)     09 July 2009

Actually I have another question, I am working and earning handsome amount, but my parents spends around 25lacs in marriage and lots after that for my sake, but today everything is with my in laws, very recently I have come to know that he has done second marriage, as per above mails I am sure its not valid but if she deleivers a kid, than on which basis anccestoral property would be given and what abt my stri dhan which is still there with my in laws, what all i can ask for my son in maintanance...

Dharmesh Manjeshwar (Advocate/Lawyer)     09 July 2009

The second marriage is certainly Null and void but the child born out of such marriage will be legitimate and have rights to the property of the parents only.

You can take action against your husband u/s - 494 & 495 of the IPC by filing FIR against him

You can file for divorce and claim all your stree dhan from the court

maintenance could depend on the facts of circumstances such as your income, your husband's income, your status and backgrounds, etc

 

 

Shalini (Engg)     10 July 2009

that means if a person is having kids with his extra marital affairs, then that kid have all the rights

please explain -- I want to know more on this

Shalini (Engg)     13 July 2009

I am looking for a good advocate as we are new in Noida and doesn't know anyone, can anyone suggest a good lawer who will support and guide us in ths same.


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