nittya (partner) 07 February 2012

Need help regarding compensation issue

hi ..i need help in my case .me and my husband filed for mutual divorce . my husband wanted divorce from me for second marriage and i was not willing to divorce him but his family started torturing me physically n menatlly for divorce and also blackmailed me of filing a case of adultery on me as they planned and got my photos clicked with one of his friend at a lounge whereas there was nothing objectionable in the photos . but due to all the tortures and assaults my parents n i decided to get over with this sour relation . now we are yet to go theough first motion of our divorce next month but my in laws are not willing to give any compensation infact they are forcing me to give back the jewellery also which they gifted me at the time of marriage and are threating us . i want to know can i claim for compensation after my first motion or also before that . and what about the jewellery ?

Reply Follow

5 Replies

M.Sheik Mohammed Ali (advocate) 07 February 2012

very simple engage a advocate and file Domestic Violence act, you will get every thing in this act, and releaved from torture also.

nittya (partner) 07 February 2012

sir i could but if i file a case against them they are blackmailing that they will file a case of adultery ......and also i would like to know if i file a case of domestic voilence against them what is the minimum time period that i will get a divorce

Hem Raj (advocate) 07 February 2012

hi nittya

u can get compensation and others reliefs also in dv act.

in this act the court is bound to give its decision in 90 days.

if after passing order in dv act ur in-laws or ur hubby don't mend their ways u can make complain against them.

it would be counted as contempt of court.

u can complain through a protection officer also.

she will move ur application to the magistrate 1st class

and definitely u will feel relaxed after this.

always in ur assistance

hem raj saini adv.

1 Like

nittya (partner) 07 February 2012

thanks ......can i file dv act even now cos as mentioned my mutual petition is already filed . and what are the evidences required for this .

Chaitanya_Lawyer_Mumbai (Lawyer) 07 February 2012

You have mentioned in initial post that MCD Petition is yet to be filled.even if it is filled, you can withdraw it any time.

Jewellery gifted to you during marriage by in-laws is legally yours & you can ask them to return it else you can file FIR u/s 406 IPC.

If you wish to get divorce with maintenance,you can file divorce petition on cruelty grounds,HMA-13 & claim for maintenance,HMA-24 .you can ask for return of streedhan in HMA-27.

If you do not wish divorce,then it is advisable to file complaint in DV act. You need to mention incidence of domestic violence in your complaint of DV & claim for protection,residence,maintenance reliefs.

They will not be able to charge you in adultery case just on the basis of photos.