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Legal Separation/ divorce under domestic violence - please suggest


10-Aug-2023 (In Family Law)
Hello, I have been separated from my husband for more than a year now. It is a domestic violence case however, I could not take any action at the given point of time as I was in shock and scared for almost a week and during that period my parents were out of station. We consulted a lawyer, as I needed my jewelry from the locker and plus there were couple of financial issues. She advised to get everything closed first and meanwhile my parents asked that man to leave the house we were staying in as it was unsafe for me to live with him. He never supported me monetary in 3 years of marriage rather took money from me in lacs which he now not returning and it is been more than a year I am managing everything on my own. I have sent divorce notice in the month of March this year however he did not revert and post that due to lockdown things could not proceed. I want to understand the process of getting interim compensation. Also, how important is to file NC?
Answers (3)

Answer #1
609 votes
hi

in this case it is advisable to file domestic violence complaint against your husband and his relatives wherein you can claim, protection from violence, residential rights, maintenance and compensation.

NC for physical injury or violence can be useful to support case of DV
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Answer #2
841 votes
First of all if you had issued him legal notice for judicial separation then you can go and should file application for divorce also you can move for the remedy of interim maintenance under the provisions of domestic Violence Act.
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Answer #3
656 votes
Hi. I understand the hardship faced by you. However you do not need to worry. Your case is a very fit case for divorce and maintenance. We will surely advise and strategise your matter. You can call us in order to take it up further without any delay.
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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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