Matrimonial issue, domestic violence

523 votes

Since your husband and his advocate have failed to appear for over two years in your DV matter, and the case is now at the stage of ex parte order, it means the Court has decided to proceed in their absence because they have deliberately avoided appearing despite due notice and opportunities. The next step will be for you (through your advocate or personally) to submit your affidavit of evidence before the Magistrate detailing all instances of cruelty, harassment, financial neglect, emotional or physical abuse, along with supporting documents such as medical papers, call recordings, chats, witness statements, or FIR copies if any. The Court will then hear your arguments and pronounce an ex parte judgment granting you protection orders, residence orders, monetary relief, compensation, and even custody if claimed depending on the strength of your evidence and the reliefs sought in your petition. You should ensure that your evidence affidavit and written arguments clearly explain your husband’s continuous absence as deliberate avoidance, showing disregard for the Court and confirming your suffering. Once the Magistrate passes the ex parte order, you can execute it through the police or protection officer to secure your rights and any financial relief granted. Parallelly, keep track of your husband’s case under the Muslim Marriage Act if you have received summons, you must file a written statement and objection to avoid an ex parte decree there.

Advocate Sanil Sarkar LawRato

864 votes

Your Rights Under Law (India) Under the Protection of Women from Domestic Violence Act, 2005, you can take action if you are facing: Physical abuse (hitting, slapping, pushing, etc.) Mental/emotional abuse (threats, insults, humiliation, controlling behaviour) Financial abuse (not giving money for basic needs, controlling your earnings) Sexual abuse (forced physical relationship without consent)

Advocate Prashant Gupta LawRato

992 votes

Meanwhile, the Muslim Marriage Act case will proceed independently. It is essential to attend all hearings in both cases and actively contest the suit filed against you. If the opposite party is delaying proceedings, you may also seek appropriate directions or interim relief from the court. Feel free to connect with me for more details

Advocate Ashvin Khillare LawRato

890 votes

Under Protection of Women from Domestic Violence Act, 2005 (PWDVA), you can take the following steps: Relief Available What It Means Protection Order Court order to stop husband/in-laws from hurting or threatening you Residence Rights You cannot be forced out of your matrimonial home Monetary Relief Financial support for you and children (maintenance) Custody Order Temporary custody of children if applicable Compensation For physical and mental harassment

Advocate Mahrukh Khan LawRato

588 votes

Well, if your DV Case has already reached the Stage of Ex Partee and despite that, if the opposite party has not been reaching out in Court to defend, then, an Ex Partee Order will be passed against the opposite party.

Advocate Pankaj Bajaj LawRato