Husband is harassing mentally and physically
10-Feb-2023 (In Family Law)
Hi, I am fed up with my husband and in laws, they torture me regularly. They hurt me physically and mentally daily. its been 3 years and i have a kid too. now i want to file a case against them, my husband has a valid Australia visa, he wants to escape as soon as i file a case. what can i do? can he able to leave the country after filing the case. please help me.
Dear Madam,
If you left India after filing any proceeding before Indian Courts then it will be dismissed unless your advocate goes on taking adjournments. You may file DV case with following prayers.
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PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,
B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
C) Pass orders u/s 18, in totality against Respondent No.1 to 3,
D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,
F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.
G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.
Hi please lodge a police complaint on Domestic Violence on your husband and in-law. Also move to court and file a case on 498A. As you have a kid, seek for maintenance of your kid and yourself from your husband. Insist the court to pass an order in your favour restricting your husband from moving out of the Country. Let me know for any assistance on free service from my end to provide remedy to the injustice that you have been facing.
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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