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Home > Categories > Family and Relations > Divorce > View Advice  

Query from: natasha sharma, India, 08/13/10
Topic: DIVORCE      Submitted on:
Subject: if husband apply for divorce,can wife pu...

if husband apply for divorce,can wife put domestic violence case iam a women married over three years has two children my mother in law used to torture me a lot and my husband is also not supportive so atlast two months back i leaved my home actually not leaved but i wanted that my husband should live seperately with me we(my family) in a process of talking with their family but shockingly my husband demanded a divorce on the basis of some untrue facts basically tried to show me a mental my hearing is on next week . looking for all your valuable suggestion

Rate = 4.5 (Rated by 1 Council Members)
[ This query closed ]
Response from: Mohammed Misbahuddin,   
Registered Member on
Source: This information comes from my own knowledge.
Yes. you can file Domestic Violence act 2005 (43 of 2005) in the Metropoitan Magistrate Court with details of harassment and torture against all the people involved with their names, relations and addresses. The court will issue the summons to appear in the court for hearing and it goes on from there ...

Rate = 3 (Rated by 2 Council Members)

Response from: gopal ak,   
Registered Member on
Source: This information comes from my own knowledge.
Dear sister , in three yrs you got two children.. it shows your relationship with your husband is good .. You came with joys, to your husband's house for to live .. and share it with your in laws.. Most of the mom in laws are feared and don't want to totally loose their son to his wife .. it leads to some problems and it feels as tortures to daughter in laws ..and mom in laws also.. But pure love will win all the problems in due course .. Try to solve the problems with the help of some seniors and obey their words ..Don't worry sister GOD WILL HELP YOU, >> ********@*****.***

Rate = 2 (Rated by 1 Council Member)

Response from: devi kumar,   
Registered Member on
Source: This information comes from my own knowledge.
Yes. certainly you can file Domestic violence case (in spite of divorce O.P. pending)against your husband as well as your mother-in-law if she is the reason for your exit from the matrimonial house,and can seek orders for safe living in your shared household where you lived till now and the Protection Officer shall give direction to your husband and other family members not to cause any inconvenience to you and your children, though there is a rule that D.V.C(Domestic violence case)is maintainable only against male, the Hon'ble High Court of A.P. gave an exception that in cases). Domestic violence case is not a police case so that your husband or his family members can not allege you in future that you dragged them to criminal case or police station. Only if they donot stop harassing and violates the orders then only punishment of imprisonment can be ordered against the defaulters.

Rate = 2.5 (Rated by 1 Council Member)

Response from: swapna bm,   
Registered Member on
Source: This information comes from my own knowledge.
Hi, Its really sad, i can give u one suggestion, if ur mother-in -law was torturing you, u can put definitely one case on her,that is police complaint its non bailable, 2 days they will keep in jail, if ur husband applied for divorce,if u have this police complaint case become very strong.Even though you dont want to give divorce also counselling people will talk to your mother-in -law and your husband and compromise them.But from your end you should be very strong ,u told they already applied divorce stating you are mental.Dont worry all the court support more for ladies,be strong.All the best.

Thanks, swapna

Rate = 3 (Rated by 1 Council Member)

Response from: preeti saxena,   
Registered Member on
Hi Natasha, You should consult the lawyer to discuss the problem and you can surely put the domestic violence case as they tortured you mentally and physically also. Women and children. Section 2(a) of the Act will help any woman who is or has been in a domestic relationship with the ‘respondent’ in the case.It empowers women to file a case against a person with whom she is having a ‘domestic relationship’ in a ’shared household’, and who has subjected her to ‘domestic violence’.

Children are also covered by the Act; they too can file a case against a parent or parents who are tormenting or torturing them, physically, mentally, or economically. Any person can file a complaint on behalf of a child. The law is so liberal and forward-looking that it recognises a woman’s right to reside in the shared household with her husband or a partner even when a dispute is on .Thus, it legislates against husbands who throw their wives out of the house when there is a dispute. Such an action by a husband will now be deemed illegal, not merely unethical.

Even if she is a victim of domestic violence, she retains right to live in ’shared homes’ that is, a home she shares with the abusive partner. Section 17 of the law, which gives all married women or female partners in a domestic relationship the right to reside in a home that is known in legal terms as the shared household, applies whether or not she has any right, title or beneficial interest in the same.

The law provides that if an abused woman requires, she has to be provided alternate accommodation and in such situations, the accommodation and her maintenance has to be paid for by her husband or partner.

The law, significantly, recognises the need of the abused woman for emergency relief, which will have to be provided by the husband. A woman cannot be stopped from making a complaint/application alleging domestic violence. She has the right to the services and assistance of the Protection Officer and Service Providers, stipulated under the provisions of the law.

A woman who is the victim of domestic violence will have the right to the services of the police, shelter homes and medical establishments. She also has the right to simultaneously file her own complaint under Section 498A of the Indian Penal Code.

Sections 18-23 provide a large number of options for legal redressal. She can claim through the courts Protection Orders, Residence Orders, Monetary Relief, Custody Order for her children, Compensation Order and Interim/ Ex parte Orders.

If a husband violates any of the above rights of the aggrieved woman, it will be deemed a punishable offence. Charges under Section 498A can be framed by the magistrate, in addition to the charges under this Act. Further, the offences are cognisable and non-bailable. Punishment for violation of the rights enumerated above could extend to one year’s imprisonment and/or a maximum fine of Rs 20,000. An important aspect of this law is that it aims to ensure that an aggrieved wife, who takes recourse to the law, cannot be harassed for doing so. Thus, if a husband is accused of any of the above forms of violence, he cannot during the pending disposal of the case prohibit/restrict the wife’s continued access to resources/ facilities to which she is entitled by virtue of the domestic relationship, including access to the shared household. In short, a husband cannot take away her jewellery or money, or throw her out of the house while they are having a dispute.

Rate = 4 (Rated by 1 Council Member)

Thank this advisor   
Response from: Meghala Swaminathan,   
Registered Member on
Source: This information comes from my own knowledge.
Yes you can file a Domestic Violence case against him use 498A

Rate = 0.5 (Rated by 1 Council Member)

Response from: soni soni,   
Registered Member on AnswerPod
Source: This information comes from my own knowledge.
yup u can

Rate = 1 (Rated by 2 Council Members)

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