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Domestic Violence and Divorce matter


21-Apr-2023 (In Divorce Law)
Hi, I am 31 years female. I currently stay in Bangalore with my husband and I hv 6 years old daughter. My parents stay in Pune. I am victim of Domestic violence almost every day. Verbal, physical abuse, threatening of killing me, baby every day. I want to come out of this and file divorce. I am myself postgraduate but not working currently. If I file divorce case which city should I file it. Also should I do police complaint here in Bangalore against domestic violence? But after this I have to go to Pune. Also, as I read I can file divorce after staying one year seperatly. So, how can I take care (financially) of me and baby, her schooling etc for this period? It will take some time for me to start working as I am facing trauma here everyday. I am not in condition to work immediately. My parents are very poor to take care of us. My husband is Software engg and earns more than a lack/month. Plz suggest me correct way for going further....
Answers (5)

Answer #1
600 votes
If there is domestic violence and dowry harassment, you can file
1. DV case and claim maintenance
2. 498A case against your husband and his relatives
3. File for divorce
4. Petition under SEC 125 for maintenance if required

--- Advocate C V Srinivasa
Answer #2
609 votes
Madam,
You can file the divorce case and also case for Domestic Violence. As you informed that there is cruelty on the part of your your husband. It is the best ground for divorce.

Apart from that you intended to file the case is DV act. For DV act, at the stage of inquiry your presence is require. In this case you need to prove the alleged cruelty.

Apart from at that of filing of the Divorce or D V Act you can file a application for seeking maintenance.

Please proceed.
Answer #3
994 votes
You can file a case under domestic violence for the protection Order and also seek for maintainance for you and your child if your husband has refused and neglected to take care of you and your child.
Answer #4
762 votes
Madam i can help you with this, firstly you can take a baby along with you to your parental place pune and from there just file a petition for maintenance in pune, and further file an application for interim maintenance and court will grant maintenance for you and your baby, further you can also file a petition for divorce in pune, further there is no condition for staying separate for one year it is only in mutual consent divorce and the petition which you will be filing is not mutual consent, further you can file a case for domestic violence and get prohibitary order like not to allow your husband to come and harass you in pune or take away the baby from you, for more details you are free to contact, all the above petitions can be filed in pune itself. Good day
Answer #5
613 votes
Hello,

You need to file a domestic violence complaint as soon as possible, dont keep quiet. Legal action should be initiated immediately. Will suggest come for a discussion, it will be more clear. Thanks

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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