Suggestion to file dv

Better to consult local lawyer and act accordingly

DV can be filed only within 1 year of separation. After one year there is no domestic relationship and therefore no DV case can be entertained. Advocate will encourage you to file everything possible. Your best bet is to file for divorce based upon cruelty and desertion. And keep it limited to that. The more complex you may your case, the MORE time it will take to conclude and the MORE money will both advocates make. So.. in conclusion: DV Act for you at this time is of no value.  If possible, do not consult advocate... file a divorce petition yourself. Its easy... save money and save a LOT of advocate-headaches. Yes, there are some advocates too but the chances of finding one in Family Court is pretty low.

Dv case and divorce case are both different and have their own cause of action.if you want to divorce your husband file a contested divorce case and concentrate on it.

Typos in my earlier post: Read "The more complex you make your..." and "Yes, there are some good advocates too but the chances of finding one in Family Court are pretty low."

Fully agree with SamirN(2helpU). There are so many lawyers in this world. But it is hard to find a good or a loyal Lawyer. Sare Kaale coat walon me koi safed banda dhundh na mushkil hai..

Thanks All for your responses!!

मै समीर सर की राय का समर्थन करता हूँ।आपके मामले में प्रभावी विधिक उपचार सीमित हैं उनका प्रयोग जरूर करें लेकिन सर्वोत्तम सतर्कता के साथ।

Try and negotiate a mutual consent divorce with husband. If you can negotiate some alimony good or else let it go. No amount of money is worth 5-10 years of court battles. Lawyers are very corrupt and only want to file useless cases that just drag and drag so that they can keep collecting fees. DV case has zero value to you. You are not eligible for residence rights since you are separated for many years, protection order also does not apply. Maintenance (if eligible) can be got easily via 125. So none of the reliefs that can be ordered under DV act apply to you. Lawyers will suggest filing case to "put pressure" on husband. Such pressure is always counter productive. Filing DV will close the door for arriving at a mutual solution and then you will be stuck running in courts and paying the lawyer for the rest of your life.

Originally posted by : kumari
	Hello Experts, Its been 6 years am living seperatetly from my husband , we have not taken divorce yet.  when i stayed with him i was absused physically , mentolly, brutally. the last day when i left his home ,  he had brutelly assulted and i went and lodge complaint in police station , but next day i have withdrawn due to family force ,  so FIR has not been filed. Now i wanted to get divorce from him, to support along with Divorce case , is there a possibility to  file Domestic violance against him.  i dont have any proofs as such in hand, but iam victim of DV before 6 years. Can you please advise here?

What did you do that he beat you, that you will never tell court.

Well, you can file not just DV, but 498a also, as women like you can do nothing more than that.

 

You do one thing, you can easily file divorce now, and court will be honoured to grant it to you.  Women ask, court will jolly well give whatever she asks.

Ranee has already lost her husband to stupid court cases and now asking for number of other women's husbands to find a new bakra!