Jurisdiction related to filing of Domestic violence case


I am in an abusive marriage from past 22 months. I am pregnant now and my mother in law and my husband on my mother in law instigation has physically harassed and tortured me. This is ongoing from the very begining but I took all this to save the marriage but now they beat me in pregnancy. To save myself, I called police emergency and then got rescued. I gave a written letter to police about leaving from there to a relative place in the same city. I was staying with my husband in and after this I came back to my parents place which is a different state to get proper medical attention and care. I would like to know if I can file DV case and file divorce from my parents place or not. What are the timelines to do the same. It would also be helpful if someone can help me regarding Childs rights in this scenario as I do not want any compormise as it wouldn't be safe.

Answers (3)


217 votes

Let me know your marriage place, and then last residence from where you have left and started staying in your parents place, without knowing the exact thing I cannot answer properly, You cannot file DV case from your parents place automatically the court will transfer the case to the proper jurisdiction,child's rights you can approach the family court or other wise in domestic violence case also, domestic violence case will cover.


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192 votes

there is no limitation to file a case, but you file a case as soon as possible alongwith medical certificate and file case against your husband and in-laws under sec 498-A, D.v Act and maintenance or divorce case.

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213 votes

If you have decided to file divorce you can file from your parents place where you are staying. Meanwhile you can also file DV case there and 498--A if you want. Of course you and your child have right to claim for maintenance from your husband until the disposal of case and then alimony. Consult advocate for further assistence

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