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Domestic violence and Restitution of conjugal rights


14-Apr-2023 (In Divorce Law)
I had been married in Feb 2017 in Moradabad. I had been a victim of domestic violence and abuse. My husband had left me an year ago and then after multiple attempts of reconciliation I sent him a notice of divorce. And shifted to Mumbai with my parents. Then he filed a case for restitution of conjugal rights in Moradabad's family court.
Answers (3)

Answer #1
662 votes
If you have evidences of domestic violence and have decided to get divorce from him,then you need to file a divorce petition. You can also file complaint under domestic violence Act at a place where you are presently residing.
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Advocate Mohd Atik Iqbal

Adv. Mohd Atik Iqbal

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Answer #2
727 votes
I think filing of restitution petition is just show off dear. If really he was willing to cohabit with you, he might have take that initiative during initial stage. All this is after though process. You dhould file criminal application for under the provisions of domestic violence Act under claim for no. of protections simultaneously to divorce petition.
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Advocate Manoj Mulchandani

Adv. Manoj Mulchandani

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Answer #3
846 votes
you have to defend yourselve in the case filed at moradabad simultaneously you can file a domestic violence case in mumbai with proper evidence and can also claim alimony and also you can get the case transferred in mumbai if you wish to do so since the prayers of women and her conveninece is considered if there is genuine reasons to do so
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

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