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Author Topic: How do I file a case under domestic violence in India?  (Read 1621 times)

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Offline ankita1989

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How do I file a case under domestic violence in India?
« on: October 02, 2015, 06:07:10 AM »
I have been tortured by husband physically and mentally from last 2 years. I have tried to save our marriage in every possible way, however failed. Now I have decided to stay away. From last one month i have been staying at my maternal home. I have filed an FIR at a local police station, but they never investigated, and gave some lame excuses on following-up. I want to divorce him, and take custody of our 1 year girl child.

I need proper guidance to file the case.

1) What is the complete procedure of legal proceeding for such cases?
2) Shall I seek justice by punishing him, or it would be wise to separate calmly?
3) How could I ensure the safety of my child and myself, as he could cause harm to us afterwards?


Note: I have a handwritten signed note by my husband on a stamp paper, confessing his misconducts, and ensuring that wont be repeated, which he has given me last year

It would be helpful, if I can get some valuable advice on filing the case. Thanks in advance.
« Last Edit: October 02, 2015, 06:11:35 AM by ankita1989 »

Offline advmonami

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Re: How do I file a case under domestic violence in India?
« Reply #1 on: October 07, 2015, 07:01:35 AM »
File in caw cell under the domestic violence act
Advocate Monami Lahiri
Patna High Court

Offline Advocate M.Bhadra

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Re: How do I file a case under domestic violence in India?
« Reply #2 on: October 07, 2015, 10:21:11 AM »
File a case under sec.156(3) Cr.P.C. charge with sec.498a,406 and 120B IPC in Judicial Magistrate Court. You can also file a Maintenance Case u/sec.125 Cr.P.C for maintain yourself and your child. Alternate you can file a case u/sec.12 and u/sec.23 of the D.V. Act in the same Court. After that you can file a Divorce Suit along with a petition for child custody and alimony in District Judges or Family Court.

M.Bhadrta,advocate at Kolkata,9836589246

Offline am

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Re: How do I file a case under domestic violence in India?
« Reply #3 on: January 10, 2016, 01:28:35 AM »
Thank. So tell us the present situation . what steps you took and then what happened

Offline advjaibansal

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Re: How do I file a case under domestic violence in India?
« Reply #4 on: May 02, 2016, 03:09:21 AM »
Dear Ankita,

It would be wise to separately calmly if possible without getting into the litigation if you can avoid. If leaving no option then you have to file the cases. Please speak to your husband about your intention of taking divorce on the grounds of mutual consent. If he is not agreeing then you can file a domestic violence petition, dowry harassment criminal case and divorce petition on the grounds of cruelty against the husband.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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