Domestic violence by husband what can we do

609 votes

Yes. If she is facing such gruesome act, she should approach the concerned court or women cell for protection. She is also entitled for maintenance from her husband. Domestic violence is maintainable in such scenario. You have to lodge a complaint before the police station if any violence takes place in future. Revert me. All the best.

Advocate Atul Patni LawRato

892 votes

In Gaurav Sondhi vs . Divya Sondhi-120 Dlt(2005)426.
Reliefs

13. Protection Order Under Section 18 of Protection of Women From Domestic Violence Act: Aggrieved has prayed for protection order seeking an injunction against respondents from repeating any acts of domestic violence. She has also claimed prohibition against respondent from alienating the assets of the respondents. Aggrieved has also prayed for a protection order directing the respondents to stay away from her and other relatives of the aggrieved to prohibit violence against them.

14. It is duly noted that no assets of the respondents have been disclosed by the aggrieved and in the absence of the same, no blanket order prohibiting alienation of such assets can be passed. Hence, the relief for said protection order is declined.

15. However, as the testimony of the aggrieved in respect of the incident dated 24.11.2013 have gone unrebutted regarding the respondent no.3 beating up the father of the aggrieved at parental house of the aggrieved, thus, to ensure safety and security of the aggrieved and her family members, I deem it fit to pass a protection order in favour of the aggrieved whereby the respondent no. 1 CC No. 109/1A Smt Kajal v. Sh. Sachin & Ors. Page No. 7 of 12 and 3 are directed to stay away from aggrieved and her other relatives to prohibit violence against them until further orders. Any default in compliance of this order shall entail a liability under Section 31 of Protection of Women From Domestic Violence Act.

16. Residence Order Under Section 19 of Protection of Women From Domestic Violence Act: The aggrieved has prayed for residence orders to the effect that the respondents be restrained from dispossessing or throwing her from the shared household; from entering the portion of the aggrieved in the shared household where the aggrieved was residing and from alienating/disposing/encumbering the shared household as also from renouncing his rights in the assets/estate in the name of the respondent and also in the properties falling in his share by way of inheritance.

18. In view of the residence order as passed in favour of the aggrieved and to protect the aggrieved from further acts of domestic violence, protection order is also passed in favour of the aggrieved against the respondents by way of an injunction restraining them from repeating any acts of domestic violence qua the aggrieved.

19. Any default in compliance of this order shall entail a liability under Section 31 of Protection of Women From Domestic Violence Act.

IN view of this judgment and law mentioned in this judgment i suggest that you can get protection order from concerned court by complaining in local police station.

Thank you

Advocate Siddharth Dev LawRato

698 votes

you can file a case under section 498 A ipc and domestic voilence act and mainatainance case .
She can get protection through court . She can also get residence right or equilent rent from court under domestic voilence act .
since the facts are limited in this query, lets meet and discuss for free first consultation .

Advocate Kunal Madan LawRato