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Regarding what is procedure of domestic violence case? How to apply?


09-Apr-2024 (In Divorce Law)
I want divorce under dv case. My husband wants to quash the police complaint which I have lodged in 1 yr back for abusing me mentally n physically. He having drink, gutkha, tobacco addiction.He wants to remove his name from police case. N want mutual divorce. But I m not earning. So how can I get maintenance before divorce? N how can get litigation fees from husband n recovery of Streedhan before divorce?
Answers (3)

Answer #1
532 votes
Hi Good Morning, Firstly Divorce and DV both the cases are different. your husband filed quashing of FIR. and any person having the addiction of gutkha, tobacco then these addiction are not an crime. but due to this addition if your husband gives you physical and mental harassment then it will be a crime. if you are not maintaining yourself by financially then you can claim maintainance. their are various legal remedies are available for you to get maintainance, legal expenses, and streedhan from your husband. for more details and querries then contact us and visit our website
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Answer #2
976 votes
You cannot get divorce under DV case. You need to file a separate proceeding for that altogether. You can even get maintenance from your husband. Feel free to contact me for seeking further legal advice.
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Answer #3
885 votes
Hi. You can proceed for domestic violence case against him and ask for maintainence or one time settlement in that proceeding and later you can settle the matter and in consent terms you can mention about mutual consent divorce along with one time settlement.
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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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