LawRato

What can be legally done in case of domestic violence


21-Oct-2023 (In Family Law)
Every 10 days there is fight in our family. I have a son and I am pregnant now. He just following his mother's word. From my first pregnancy he left us alone till 4 yrs. After that he came and called me. He forced me to resign my teacher job and he changed my son's name. Past 2 ½ yrs we are living together. But I suffered a lot. If he gets angry no one can speak to him. He tore my dress in front of my son. He beat me aggressively. I was undergone treatment for that. He speaks ill about me and my family. He is not saying his income. Also he is not giving money to me. He got my jewel and my savings. I have nothing now except my kids. I want to leave him. We are Hindu. If I apply for a divorce can I get compensation for my life and for my kids. Even my parents asked us to go for counselling. He didn't cooperate.He has very good income.but I don't know how much. He is working in shipping company. But he doesn't have a property. I will go for a job. Pls help me to take a good decision.
Answers (3)

Answer #1
577 votes
Well, if you want to go for Divorce, on the ground of Cruelty. And if he is making a physical torture you can very well lodge a complaint against him under section 498A. If he doesn't pay any money for your and your kids, you can file a case for maintenance under section 125 CRPC. For filing maintenance case you need not to get Divorce. Pl feel free to contact me if u need further clarification. Thanks
Answer #2
815 votes
You can get maintenance cor yourself also for kids. Otherwise you may also get settlement if your husband is ready. You have to approach judicial magistrate court to file maintenance on 125 crpc. .
Answer #3
825 votes
what ever it may be how many months of the pregnancy you are now its any how at the time of pregnancy period no court will allow you get the divorce after the baby born only you can apply for further details contact a advocate he will explain

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."