How to file case under DV act

863 votes

You can file your cases in the city of your normal residence. There is no such restrictions on wife. You file your cases as per your convenience. But you will have to contest divorce suit in that city only however you can get divorce suit transferred to your city of residence by filing a transfer petition in supreme court.

Advocate Vijay Kumar Teotia LawRato

767 votes

Hiii, its possible that u file a suit from ur city. You higher a good lawyer, u take a medical of ur body it useful in domestic violence. Tell her advocate everything clearly don't hide anything. Domestic violence with 125 cr.p.c mentinanse case also applying.

Advocate Asif Khalil LawRato

877 votes

Mam, it is better if yoh want to live in her matrimonial home then not to leave the place. You can ask for residence in shared household, where you have been living with your husband from past years. If you want to go then also you can go but it would not be lil disadvantage for you in given circumstances and your will.

Advocate Ruchi Sekhri LawRato

805 votes

You may file your domestic violence case against your in laws and against yours in laws and your husband while Stying at your matrimonial home.

And if your husband has filed divorce and you want to stay with your husband then you should contest that divorce and should file a saperate petition of restitution of conjugal rights under section 9 of HMA,

Advocate Jagan Nath Bhandari LawRato

879 votes

You need not to shift your place of residence for filing DV Act case. As far as jurisdiction for filing such a case is concerned, it is always before that court within whose jurisdiction any violence has occurred and in your case it seems to be happened at your in-laws place, therefore, in any case, legal proceedings can be initiated at that place only. Legal help you may opt from anywhere but case has to be filed where domestic violence alleged to have happened.

Advocate Deepak Verma LawRato

568 votes

For protection of Matrimonial house you need to file case u/s 12 of the D.V along with residence order u/s 19. Along with the main petition you need to file application under section 23 along with an affidavit on form 111 for immediate interim relief.

Adv Malhotra

Advocate Deepak Malhotra LawRato

901 votes

It is better if you file a DV case seeking interim relief orders in the city where u are currently living. Secondly there are alternate remedies in the laws which you can avail for settling your issues.

Advocate Gaurav Pathak LawRato

554 votes

Ma'am Complaint under DV Act may be filed at any place where the victim resides and doctrine of territorial jurisdiction does not play any role in the cases falling under DV Act. But as far as 498 A IPC and Dowry Prohibition Act are concerned, the case shall be filed at the place where the cause of action arose.

Advocate Piyush Shrivastava LawRato