Procedure to take action if wife had filed domestic violence case


My wife has filed a domestic violance case with interim maintenance request against me at her both place. I want to get this case transferred to Pune as her last residence is Pune and we got married in Pune jurisdiction. My father's age is 80 years and my mother is 75. Both are I'll and need attention. I am working in Pune and it's not possible for me to travel to another city for hearing. Also I don't want to give maintenance to my wife as I am ready to stay with her for our sons better future. He is 4years old. Kindly advise. Thanks.

Answers (3)


209 votes

You can file petition for restitution of conjugal rights under s 9 of Hindu marriage act 1955, if you wants to continue your marriage with your wife and if you wants to separate from your wife you can file petition for divorce.


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125 votes

Dear Querist, In which court your wife has filed DV case and its how far from your place. Firstly, you will have to appear oppose the DV case and cite your personal difficulties. If your wifes' place is in Maharashtra then you can file a transfer application in Hon'ble Bombay High Court, if she stays of out of Maharashtra, then you will have to file Transfer Petition in Hon'ble Supreme Court.
IT is advisable to sit and discuss the internal differences between you. Normally the courts are inclined to grant reliefs to woman unless you present a strong case for not paying maintenance.

If any further queries please feel free to contact us.

Regards,
Rakesh V. Misar

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From your description, you appear to have a strong case for a transfer application; I will be able to respond to you After looking at the applications. I also need to understand the status of divorce.

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