LawRato

I am a victim of domestic violence


In Divorce Law
I do not want to file 498a on my husband. Right now I want separation peacefully. I don't no how he is going to react but in case if he try to create problems for me, i will complain to the police. Can I file a case after few years. Can I use my daughter as a proof. She knows everything. What shall I do? He is harassing me till now, he wants me to leave the house. I do not have house. Now he is going to my relatives and creating unnecessary problems for me.

Answers (5)


239 votes

you can always opt for separation through a decree of mutual divorce.
your daughter will not have any role to play in this because she is just a child.
if he does not want to separate peacefully you can file a divorce case and get a decree through the court.
for further queries please feel free to contact


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato
235 votes

You need not file a 498a case against your husband but you can always file a DV case against him and claim your monthly maintenance and separate residence. You can also file a mutual divorce petition if the situation is worse. You have got so many options. For more legal assistance I am just a call away.

Popular Divorce Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
35 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
22 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
28 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
22 years Experience
141 votes

Mam,
You can tell him that you will give a mutual divorce if he gives you alimony. But if you give a mutual divorce then you can't file police complaints against him in future.
If you want to file complaints then don't give him mutual divorce.

324 votes

We have carefully perused the contents of your query and would advise you to seek a detailed consultation from a lawyer having expertise in matrimonial cases. You have certain legal remedies to avail apart from filing 498A. You need to initiate certain precautionary measures before initiation a legal case for which you would require an expert lawyer

53 votes

you can go for mutual consent of divorce for peaceful separation .you have to put an amount of figure for permanent alimony for one time payment. If the amount is agreed by your husband only then you can go for mutual divorce or you can go for DV act to file case on maintenance and residence protection .


Report abuse?

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at lawrato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles