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Do I need to apply for an injunction separately from my domestic violence case that is still pending?

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Author Topic: Can I apply for an Injunction while domestic violence case is pending?  (Read 1070 times)

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Offline Juhi2016

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I'm living separately from the man who used to abuse me (pressurised into marrying him) the case is ongoing in court over 1 year. He has bribed the police to delay his arrest and questioning. In this time I have been traumatised and have been suffering from depression from the constant harassment from the abuser. My life will not improve till I get this divorce. 

 All I ask is my the return of my personal possessions (my gold and clothes) which he refuses to return and instead is insisting I pay him maintenance, I have been struggling to find work for many years and now I fear leaving my parents home, he has people watching and following me.

He has now placed my picture on his whatsapp profile without my permission. He has been harassing me via phone and during court cases. 

Do I need to file a separate application for an injunction?  Or can I include/add this in my pending domestic violence case?   

Can you offer some advice on which sections this type of harassment falls under and will this hold in court? What do I need to provide to add extra strength to my case?

How long will it take to get my life back?
« Last Edit: May 02, 2016, 03:14:03 AM by Juhi2016 »

Offline advjaibansal

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Dear Ma'am,

YOu can file an application in the pending domestic violence about all these allegations and seek restraining order from the court under section 23 of the said act, wherein interim relief provisions are given in details. Please speak to your lawyer and get the said application prepared. You don't have to file a separate case for these things. It will be included in the domestic violence.

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

Offline Juhi2016

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Thank you sir, I really appreciate your advice.

Kind regards,
Juhi

Offline adleyami

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Dear All,

Can one sell his self earned property when Domestic violence case wherein wife has asked for residence order under section 19 is pending. Will it be considered subjudice?   VMware Training in Chennai   :)  |  VMware Training in Chennai   :)  |   VMware Training in Chennai  :)

Offline advjaibansal

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Dear Sir,

IF there is no stay on the property for anything and no order residence order granted in favour of wife in any manner. In such case, you may sell the property during the pendency of the domestic violence case. I know case is subjudice and wife has a right of residence but not in a particular residence.

You may sell the property.
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Zradino

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Re: Can I apply for an Injunction while domestic violence case is pending?
« Reply #5 on: August 09, 2016, 04:35:34 AM »
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