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victim of dowry (victim of dowry)     03 June 2014

Dvc urgent require avise

Hi,

Please help. I got married 8 years ago. and at the time of wedding i was given Rs. 15 lakhs , 80 tola  gold and all household items... i was workng and staying in a city X which is my inlaws place  my huband's family and husband kept totruring for more demands for money to buy flat ,hit and abused me.  I was hit and pushed down the bed when i was carrying my child. Almost Rs6 lakh of salary has been taken away by spouse.

I have children and the entire amount i.e. 15 lakhs + gold and household items are my hubands house in city X. I was forced to leave my job and tortured to go to my parental house which is city Y.

I have filed DV case in which my spouse refused to taken the summons. Three bailable warrants had been  issued by judge to serve the notice through S.P. however there has been no response as spouse lives in  a different city.

kindly advise what relief can i claim under DV Case. I m working in City Y and  find it difficult to meet ends with my salary. In case of a ex parte how will the order be executed..kindly advise



 8 Replies

victim of dowry (victim of dowry)     03 June 2014

And my spouse earns more than 1.5 lakhs pm..

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Seems you are employed, hence there won't be any maintenance to you. Your husband would be liable to provide maintenance for the child.

 

You can claim:

Maintenance

Rent

Compensation for earnings

Restoration of Stridhan

Interim Custody of the Child

Litigation Exepenses.

 

How much of these you would get would depend upon how much you can prove from your allegations.

 

 

Regards,

 
Shonee Kapoor
www.shoneekapoor.com

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

stanley (Freedom)     03 June 2014

@ author 

1. If your allegations are proved than a protection order would be passed .

2. You have not stated the salary you earn , normally a working women is not awarded maintenance .

3. As for the child maintenance is co- extensive .

4. If the husband states that he does not have a problem keeping you at his place than no rent would be passed .

5. From your post it seems the children are  already with you , Once you have filed DV act the custody remains with the wife . Only visitation can be granted to your husband under this act . If your husband files custody under gaurdians and wards act than custody would be awarded to the parent based on whose interests the welfare of the child lies .  

victim of dowry (victim of dowry)     03 June 2014

Thnak u so much..Shonee Sir and Stanley sir.. kindly tell if there will be an exparte then how would it be executed..and what should i do from my end.

T. Kalaiselvan, Advocate (Advocate)     03 June 2014

A regular order or an exparte order will be executed in the same manner as prescribed in the law.

Adv. Chandrasekhar (Advocate)     03 June 2014

If your domestic violence case petition draft has included your money he has usured, you can claim it back in addition to the other reliefs mentioned by other advocates / experts.  The recovery procedure will be at the first instance by attaching his property and in the absence of that, to put him behind the bars for realisation of the amount awarded by the court.  But at this stage, you need not bother about execution process, because once an order comes out in your favour in DV case, he will take appropriate action to get the ex-party order set aside and contest the case on merits.

Adv k . mahesh (advocate)     03 June 2014

before going for ex-parte order tell your lawyer to file for the custody of your stridhan from your husband and also as said for interim maintenance for your children and the other process will go as per it status

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     17 March 2018

Dear Sir/Madam,

Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.

 

With regards,

Legal Expert


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