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my husband and his mother is tortured me beated me physically mentally


19-Jul-2023 (In Divorce Law)
hello-my marriage was in march 2014 after n2-3 years my husband and her mother beated me very badly but now i'm depressed my condition is not good enough and last month his famly take my 5 year son from me but through police station i got my child back but i'm thinking to file my case in court his family also take dowry from me of amout 5-10 lacs and my jewellery has be illegally kept by them in their house..i'm thinking of 125 Act and 498A act. what more will be better for me please suggest me.
Answers (5)

Answer #1
893 votes
If the behaviour of your husband is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction and register a FIR under section 498a/406 IPC. And if you wish to go legal then you can also file a petition under section 12 DV or section 125 CrPC and claim maintenance for yourself as well as for your child. 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. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
830 votes
Ma'am, it is advisable for you to go for filing a CAW cell complaint for the demand of dowry, cruelty, criminal breach of trust, etc., in which I will help you out and go for filing a petition under section 12 of the domestic violence act before mahila court, wherein we can claim monthly maintenance, compensation, residence orders, police protection, etc. The process of maintenance is faster in domestic violence act than in 125, Cr.P.C. For assistance you may consult me.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #3
628 votes
Query Perused. Yes you have an option to file a complaint under section 12 of the DV Act and can seek lumpsum compensation, monthly maintenance, return of streedhan etc. Apart from DV complaint you can initiate a complaint under 498A and a petition under 125 CrPc. You may connect further
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #4
702 votes
You need to hire an expert advocate instead of wasting your time on internet n gathering incomplete intimation. Once you make your mind then go ahead with the process ! Options are /- 1. 498a, Dowry prohibition act, breach of trust etc 2. Domestic Violence 3. 125 CrPC for maintenance 4. Section 13 for divorce as per Hindu marriage act
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Advocate D. Khan

Adv. D. Khan

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Answer #5
996 votes
As per facts stated by you mam you can go for both 498A complaint and also for 125 CRPC actually 125 CRPC is for the maintenance for wife and children's and 498A is a is an offence against the husband and family of husband for cruelty also you can go for domestic violence case against your husband and your mother-in-law
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Advocate Rohit Singh

Adv. Rohit Singh

LawRatoDelhi | 25+ Answers
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