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Second Marriage Rights - domestic abuse


17-Mar-2023 (In Divorce Law)
This is my second marriage and we got married in 2017. both my kids are above 18. My husband, ill behaves with my kids and makes a scene whenever my son or daughter comes to visit me. in general also he shouts and abuses me on small things and asks me to leave the house. in last fight; he threw us out of the house. my son left the house at 12 at night and i still stayed one more night to pacify him or to reason with him but of no use. finally i had to leave the house as my daughter was with me and she was very scared. now my husband does not allow us to take any stuff of mine or my daughter. he says he will only allow me to take stuff if i get the divorce papers ready. i donot want to divorce him. Pls help how do i get my stuff for now and i also want to understand my rights.
Answers (3)

Answer #1
596 votes
you are entitle to file domestic violence against your husband regarding physical and mental harassment and as well as entitle for maintenance. You should file 125 crpc for demand of maintenance. And under domestic violence act you can claim alternative residence and many relief from court.
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Advocate Arun Yadav

Adv. Arun Yadav

LawRato Rewari | 25+ Answers
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Answer #2
784 votes
Hi,it is advisable to file a complaint in the women cell . also we an file a petition for restitution of conjugal rights under Hindu marriage act ,for reconciliation of marriage...You can also claim monthly maintenance from your husband
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Advocate Hemant Chaudhary

Adv. Hemant Chaudhary

LawRatoGurgaon / Gurugram | 25+ Answers
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Answer #3
549 votes
you can ask for protection order as well as right to residence in your matrimonial home under domestic violence act, secondly you can ask for your stuff also under the same act. for more detailed discussion you can contact me for the same.
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Advocate Prateek Aggarwal

Adv. Prateek Aggarwal

LawRatoGurgaon / Gurugram | 100+ Answers
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