Domestic violence case- while contested divorce in process

Question

Domestic violence case- while contested divorce in process

23-Jan-2023 (In Divorce Law)

I received summons for contested divorce from husband however I want to contest it and doesn't want to give divorce . Meanwhile can I file for domestic violence and maintenance against husband ? Also can I file 498a? If want to file dv ,MC but doesn't want to give divorce ? Will that b possible

Answers (37)

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Advocate Ashmita LawRato · Accepted Answer · 2022-01-12T21:57:15+05:30

you can file a complaint against your husband and in-laws under protection for women against domestic violence act for mental and emotional distress.
you can also file a case against them for cruelty under section 498A of Indian Penal Code.
further, in case you are living separately from your husband, you can seek maintenance.

Advocate Jitender Singh LawRato · Accepted Answer · 2022-01-12T22:51:36+05:30

You can go for DV in which you can be awarded a monthly maintenance and also a lump some alimony. You can also file for divorce if your husband’s behaviour is intolerable towards you. A FIR can also be done for any physical abuses.

Advocate Anubhav Kathuria LawRato · Accepted Answer · 2022-01-13T00:18:23+05:30

You needs to initiate a complaint with the CAW cell. Do take assistance from a lawyer since it will be used as a mother document for all future proceedings. Further you can file a complaint under the Domestic Violance Act.

Advocate Ashmita LawRato · Accepted Answer · 2022-01-20T12:08:52+05:30

if you file a complaint against your husband and in-laws, and things proceed towards divorce, then the husband will not able to use the complaint of domestic violence against you in any way. you have the right to file a complaint against domestic violence.

Advocate Ravi Soni LawRato · Accepted Answer · 2022-01-20T12:36:13+05:30

Ma'am please share your story in detailed aspect as in such small piece of information we're unable to give you the exact answer! Our team will reach out to you in a while and please explain them the exact situation you're going through

Advocate Jitender Singh LawRato · Accepted Answer · 2022-01-20T12:55:21+05:30

It will be tough for your husband to prove cruelty on which he will be relying while demanding divorce because if a DV case is pending against him then it’s a proof that he’s the one who used to assault you physically or mentally as the case may be.

Advocate Ashwini Deshmukh Salunkhe LawRato · Accepted Answer · 2022-01-21T23:19:46+05:30

yes it's vaild and domestic violence you will get mentaince also.
Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty”
thanking you

Advocate Priyanka Y LawRato · Accepted Answer · 2022-01-22T11:07:45+05:30

Is the domestic violence during the separation? It could even be emotional abuse.
Or are you referring to violence during your stay with them?

You can file a DV case after Institution of the divorce case and it’d be valid.

Please provide more details so I can assist more appropriately

Advocate Bhagya C H LawRato · Accepted Answer · 2022-01-22T12:10:02+05:30

okay I understand your questions so yes you will file Domestic voilance case againest your husband and relatives also include the case and asking maintainance also in this case and your husband sent you to divorce notice for through court or not you are not mentioned in your qurey if you need any legal help contact me thank you

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2022-01-22T12:48:00+05:30

Dear Madam,
To teach them a lesson and to save your marriage you have to give mild shock treatments to them by filing multiple cases like Domestic Violence case, Maintenance case, 498A of IPC and Section 3 and 4 of Dowry Prohibition Act. They will come to compromise after few days.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2022-01-22T12:49:54+05:30

Dear Madam,
Usually Domestic Violence is to be filed within one year of separation but some High Courts says that it can be filed at any time. If you want to file Domestic Violence then again enter into Matrimonial house forcible and taking that date as recent cause of action you can file DV case and other cases.

Advocate Vivek Mishra LawRato · Accepted Answer · 2022-01-22T13:00:27+05:30

Hello Good afternoon I'm Advocate Vivek Mishra well according to your case yes you may can file domestic violence for further more query kindly contact so that I can elaborate you in proper manner. thank you

Advocate Rajeev Kumar LawRato · Accepted Answer · 2022-01-22T14:04:40+05:30

as you told you lived together as husband and wife for seven months and during this time you become pregnant and came to your house due to the lockdown meanwhile the interference of your husband and relative kept increasing in your married life and eventually your husband sent divorce notice to your house you have all the legal options against your husband and his relative which you can use under this you can also ask for dowry harassment domestic violence and mantinance for the upbringing of yourself and your child

Advocate Rahul Rathi LawRato · Accepted Answer · 2022-01-22T14:45:09+05:30

dear client as per your query I can only suggest you think again if there is any hope of getting together with your family that would be great as divorce is the last remedy if nothing else can be done and what about the notice of divorce which your husband had sent you did you appear in that for future reference please contact us for paid consultation.

Advocate Minakshi Bapu Ovhal Dakhane LawRato · Accepted Answer · 2022-01-23T18:47:03+05:30

Hello
Advocate Minakshi Ovhal here
yes you can file Domestic Violence case against your husband and his family members. and you can claim for interim maintenance also while case proceeding is pending. any more information you can contact me. thank you

Advocate Vimal Kumar Pandey LawRato · Accepted Answer · 2022-01-23T21:14:27+05:30

Hello

you can file a domestic violence case if domestic violence has been happened to you.

There are many provision Sunday domestic violence site by which you can make an application in the court and Court have to entertain it .

There are many other way
if you wish you can file a first information report under Section 498 a 323 of IPC and if any injury has been caus it can be 325 of IPC.

Can also file suit for maintenance under section 125 of CRPC

You also have an option that you can file a restitution of conjugal rights under section 9 of Hindu Marriage Act and along with that you can claim for maintenance.

Advocate Medhavi Mishra LawRato · Accepted Answer · 2022-01-23T21:21:31+05:30

You can file a 498A, DV Act Case, Maintenance included in your DV case and demand your Streedhan by filing a case u/s 406 IPC if not given to you by your husband amicably. If you do not want divorce, you can contest the case.

However, if you follow up with so much litigation, it is better to go for divorce at a decent alimony and/or maintenance amount.

LawRato LawRato · Accepted Answer · 2022-01-26T04:41:21+05:30

The case can be made against them by you provided you carry substantial material to prove the latter. Even if you don’t then you still can file a domestic violence case. However, if you haven’t filed a complaint under section 498A IPC then go ahead with that. I’m an advocate for Delhi Police and will explain you the process and procedure as how to initiate it.

Advocate Jitender Singh LawRato · Accepted Answer · 2022-01-26T10:58:14+05:30

Yes it’s a part of Domestic Violence. You should mention this incident highlighting the timings and the date and if any call was made to the police or not. In this procedure a FIR can also be registered under 498a against your in-laws.

Advocate Sakshi Garg LawRato · Accepted Answer · 2022-01-26T11:57:11+05:30

if your contested divorce is already in process, make sure you add on these statements to that. you file a dv against your in laws for sure.
today dv not only means in house but also if you were subjected to dv before leaving the house you can file a case.

Advocate Jitender Singh LawRato · Accepted Answer · 2022-01-27T01:01:17+05:30

It will include all such incidents that occurred both in your parental home and also at matrimonial home. If there’s any physical abuse and even a mental abuse will be covered under the Domestic Violence.

LawRato LawRato · Accepted Answer · 2022-01-27T07:04:19+05:30

The incidents which occurred during the course when your husband resided with your parents would have separate bearings and ramifications under the law. I am an advocate for Delhi Police and would suggest you the best course of action for your husband to come to terms.

Advocate Shubham Arora LawRato · Accepted Answer · 2022-01-27T14:35:43+05:30

you have to face no consequences for filing domestic violence as well as 498 a case against your husband and his in-laws because 98a case and domestic violence cases are for women saving women from physical and mental harassment against women

Advocate D. Khan LawRato · Accepted Answer · 2022-01-27T15:27:49+05:30

Domestic violence covers when you had or you are sharing a household with that person.
Domestic Violence (DV)
Victim can ask for 5 reliefs:-
1. Residence Order
2. Compensation Order
3. Custody Order
4. Protection Order
5. Monetary Relief
Thanks n b in touch

Advocate Anik LawRato · Accepted Answer · 2022-01-27T19:13:00+05:30

Yes, sure it can be it can be treated under divorce as due mental agony created by husband or in laws in husband's house has created any sort of loss or health issue can be treated as a ground for filling divorce.

Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2022-01-28T14:57:43+05:30

Dear Madam,
Even mental torture can be treated as Domestic Violence. It cannot be only physical torture. You can approach any family advocate he can draft a good Domestic Violence complaint for you against not only your husband but also all of his family members. No worries.

Advocate Arun Yadav LawRato · Accepted Answer · 2022-01-29T14:03:04+05:30

yes we can file domestic violence after discussion of detail facts of your case. we have to make a proper draft with your date of incident and abuse. There is no limitation issue for domestic violence. You can demand maintenance as well as alternative residence and compensation through domestic violence case.

Advocate Dev Yati LawRato · Accepted Answer · 2022-01-29T16:06:39+05:30

If this has been done by your husband without your consent it means he's done a criminal act you can lodge a police complaint against your husband and file a case under section 201 rest you can talk to me after coming to my office thank you

Advocate Anubhav Kathuria LawRato · Accepted Answer · 2022-01-29T17:14:54+05:30

You may consult with detailed information and documents. DV complaint needs to be filed under section12. of PWDV Act, 2005 before the concerned MM. Further you may file a maintenance petition under section 125 crpc also

Advocate D. Khan LawRato · Accepted Answer · 2022-01-29T18:28:35+05:30

You can’t get the chat if you haven’t taken back up on iCloud etc ! However, if u don’t have chats still on you can ask for 5 reliefs from the court :-

1. Monetary Relief
2. Compensation Order
3. Residence Order
4. Custody Order
5. Protection Order

U can file the case u/s 12 of the DV act

Advocate Jitender Singh LawRato · Accepted Answer · 2022-01-29T18:53:39+05:30

For DV you only need to proof that you are living separately in your parental house and was subject to cruelty from your husband. And for the purpose of Divorce there are many options. And if you want to fetch out the previous WhatsApp chats then you have to file for the same in the court.

Advocate Prateek Aggarwal LawRato · Accepted Answer · 2022-01-31T12:29:00+05:30

Yes, all comes under cruelty as per the Domestic violence definition, you should mention them either in your complaint or in your evidence. Mental cruelty includes everything financial, mental, physical and sexual. For more detailed discussion you can contact me for the same.

Advocate Anand Kumar Tiwari LawRato · Accepted Answer · 2022-01-31T13:47:07+05:30

if you have a genuine case against your husband and in laws, you may file a case under 498 A against your husband and inlaws but if you file a false and proximate case you may face problems. No one is allowed to misuse the act and rules, which are made for the well-being of society and establishment of its smooth function. If there is any real issue of domestic violence certainly you may file a case under 498 A. Before filing such type of case you must meet to a good lawyer of your area and consult him and try to understand every matter and pros and cons of your legal issue. Thanks

Advocate Satish Bhati LawRato · Accepted Answer · 2022-01-31T17:13:24+05:30

yes sure you can file domestic violence act case including maintenance case. also file sec 24 case in divorce petition. if there is any urgent violence then you can file criminal case in 498a case in police station.

Advocate Jitender Singh Singal LawRato · Accepted Answer · 2022-02-08T23:24:39+05:30

Hello
The matter discussed by you have incomplete information and as per this detail no advocate can guide you.
for guidance and help share complete matter in detailed form so you can do best thing for you

Advocate Jitender Singh LawRato · Accepted Answer · 2022-11-27T22:34:59+05:30

If the behaviour of your husband is intolerable towards you then you can always file a DV case against him & his family members and claim your monthly maintenance or the lump sum alimony. And there’s no limitation period for filing of DV. For more legal assistance I am just a call away.

Advocate Yuganshu Sharma LawRato · Accepted Answer · 2022-11-28T20:14:44+05:30

Yes. you can file a dv case and it will stand good in law. but without a further delay. Divorce case has no effect on other proceedings. Make sure you fight the case with best of your spirits and the law will favour you. seek maintenance as your right and other order such as residential orders.

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