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Hindu- Marital issue with Husand and in laws
22-Oct-2024 (In Family Law)
I am a 33 year old mother of 1 son .My husband has beaten me while I am pregnant 2nd time. After beating me he left the house immediately with all the belongings i.e his personal items and his car.He did not told me where he went and contacted me on whatsapp that he will come to my house to sell the house items and I should be available. I told my devar that he has left the house on his own will without telling me where he is going. How should I protect me and my kids interest in this case?
Report the violence to the police and file an FIR under domestic violence laws. This will establish a legal record of the abuse and enable authorities to act.
Legally, you can apply for a protection order under the Protection of Women from Domestic Violence Act to prevent your husband from contacting or harassing you. You also have the right to stay in your marital home, and a court can prevent him from selling household items.
You should also file for maintenance under family law (e.g., Section 125 CrPC), which will provide financial support for you and your children during this time. If needed, apply for child custody to ensure your children’s safety and well-being.
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Adv. Rupal Dwivedi
Delhi | 50+ Answers
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first of all you and you Child cannot be thrown out of the house as you and your child have right in the property and a case of domestic violence and others can be filed against him, you and your child will get legal protection.
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Adv. Karishma
Delhi | 50+ Answers
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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 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 minor 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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Adv. Jitender Singh
Delhi | 1000+ Answers
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You have right of residence in your house, and can get a retraining order against your husband from selling or creating any third party interest in the property. For better clarity feel free to contact
Thanks
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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In such a situation, the wife can pursue several legal actions against her husband, both for the violence and for abandonment. Here are some steps she can take:
1. Filing a Domestic Violence Complaint:
2. Filing an FIR for Assault:
• Section 323 (voluntarily causing hurt)
• Section 498A
• Section 506 (criminal intimidation)
3. Maintenance (CrPC Section 125):
4. Restitution of Conjugal Rights or Divorce:
5. Child Custody:
• She can also file for custody of the child under personal law, ensuring her son’s legal rights and maintenance.
6. Interim Relief:
• She can ask the court for interim maintenance and residence orders to secure her immediate financial and residential needs.
Taking legal advice and filing the necessary complaints or petitions as soon as possible is crucial in ensuring her and her son’s safety and well-being.
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Adv. Jayatee Chatterjee
Delhi | 5+ 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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