I want to file domestic violence case on adultery
17-Jun-2025 (In Divorce Law)
What’s the process if client want to file DV case on her own . Can please tell the steps . What documents forms and fees required . Can she file when court is on summer vacation or when
Filing DV on your own is allowed and possible. However if you do not get it done through a competent lawyer you would be on the losing side given the fact that once filed you won't be able to amend it if any mistake is committed and not corrected initially. It's advisable to engage a lawyer as per your budget
Do take the help of a lawyer and get a petition drafted and get it e filed and physical also. It is very technical you will not be able to file. Do seek expert legal advise and than file. You need to file certain things alongwith the petition. Like application under section 23 an affidavit and an income affidavit
Hello!
As per latest Supreme Court ruling, a spouse does not have any relief other than filing a case for divorce, if his/ her spouse is living in adultery as adultery has been decriminalised by the Hon'ble Supreme Court of India. However, it needs to be discussed as to what grounds can be made for you to file a domestic violence case against your spouse. As far as fees and filing is concerned, this will be discussed over call with the Advocate whom you wish to hire. Good luck!
The following documents will be needed from your side for filing of a DV case:-
1). Your and your partner's passport size photographs.
2). Your Aadhar Card.
3). Marriage Card (if available).
4). Marriage Photographs.
And if you wish to go legal and if there's no
scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.
Firstly client can only file a complaint on it's own to the police. For filing a proper case it cannot be done without an advocate as only advocates are authorised to file Vakalatnama in courts.
As to document, it depends on the case you are trying to build but generally
1. Proof of residence
2. proof of relationship
3. copy of previous complaint is any
4. Affidavit
these are basic documents.
As to fees of filing the case, It ranges between Rs. 20000/- to 40000/- based on quality of draft and chances of relief.
If you need any assistance, feel free to contact me.
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.
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