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Domestic violence - Exparte order
15-Oct-2023 (In Domestic Violence Law)
Hi,
Due to harrasment and emotional abuse i filed DV against my husband. we lived together oly for 3 months and then got seperated. I have enough proof/evidence with me and submitted in court DV case as well. But they never attended any of the hearings, not even their lawyer. so we are going to file EX-PARTE in upcomming hearing.
(Divorce case it about to file in next two months since our marriage ended before 1 year)
If so will i get proper remedy through ex-parte order?
1. My belongings were still in my husbands house (its a Joint family, They were not ready to give any of my belongings, even my certificates)
2. Do i get compensation for what we spend for our marriage expenses (70-80% of marriage expense were done from our side)?
3. Whats the timeline it takes to complete?
Pls HELP
Good evening.. First thing is EXPARTY ORDER is not a final order mam..there is possible to set aside the EXPARTY order by filling a petition.. But in the view of your submissions clearly shows that your husbend did not want to proceed the process and also you have a remedy to ask maintanance in your DV application
And second one is u should file divorce petition along with maintanance partition to get maintanance claim against your husband.. Because DV is differ from family proceedings..
And second one is u should file divorce petition along with maintanance partition to get maintanance claim against your husband.. Because DV is differ from family proceedings..
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Adv. Uma Devi
Chennai | 25+ Answers
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exparte order is valid. go ahead and file a dowry harassment in your local all women police against all the family members of your husband. police will call them and enquire during which you claim your belongings. file a MC petition in the court and ask for interim prayer for return of articles, certificate etc. file restitution conjugal rights rather than divorce petition
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Adv. Sumathi G
Chennai | 100+ Answers
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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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