Question: My husband not appearing in the proceeding under domestic violence act thereby I am not able to receive interim remedies. I have filed a case under domestic violence for the protection order, residence order and monetary relief. The notice has already been sent to the husband through the...
Domestic Violence
Husband not allowed to reside in matrimonial home since 1995
Question: Husband not allowed to reside in matrimonial home since 1995 i.e. one year from the date of marriage. He said the our marriage is solemnised against his will and desire. My in-laws have tried their best to settle our dispute but they failed. No sexual relations have been established...
Is it necessary to submit rent receipt for seeking residence order
Question: Is it necessary for the party to submit rent receipts/agreement for claiming the amount of house rent awarded in DV case under Section 19(f). Any Citation or law to highlight the information. Asked from: Delhi Yes, it is necessary for the party to submit rent receipts or a rent agreement...
Legal remedy for forced eviction from matrimonial home and violation of conjugal rights
Question: My husband wants to marry another woman. Therefore, he has been trying to evict me and my son from the matrimonial home. Our matrimonial acrimony and discord has been growing day by day. Finally he evicted me from his home and refused to maintain it. Then I filed a case for the...
Domestic violence case: wife refuses to allow husband’s second wife to reside in property gifted by father
Question: My father gifted this house to me after my marriage. This house is registered in my name and I'm the sole owner. My husband also lives with me in this house. He has an illicit relationship with another woman and clandestinely married her. That lady also wants to live with us in my house....
False Domestic Violence Case: My Wife’s unwillingness to live with me and baseless claims against my mother
Question: How to get rid of false domestic violence case? My wife has expressed her unwillingness to live with me and has exhibited rude and cruel behaviour towards me. Since the time of our marriage, she has never wished to reside in her matrimonial home. Despite my mother being a widow and...
Sexual violence in domestic violence act 2005
The Protection of Women from Domestic Violence Act 2005 (PWDVA) is a law in India that provides for the protection of women from domestic violence. This law defines domestic violence as any act, omission, or commission or conduct that harms or injures or endangers the health, safety, life, limb,...
Right to residence is a fundamental right in Article 21 Constitution of India
The right to residence is a fundamental right protected under Article 21 of the Constitution of India. This article states that "No person shall be deprived of his life or personal liberty except according to procedure established by law." This includes the right to live in a safe and secure...
How to protect the aggrieved person from dispossession from the shared household?
Question: How to protect the aggrieved person from dispossession from the shared household? My husband and his parents are trying to dispossess me from the matrimonial home. That matrimonial home is my shared household as defined under the domestic violence act. No one is coming up to protect me...
Shared household in Domestic Violence Act
A shared household, as defined in Section 2(s) of the Domestic Violence Act, is a residence where the aggrieved person (the person who is experiencing domestic violence) has a right to reside, regardless of whether they own or rent the property. This means that a shared household can be any...
Definition of aggrieved person in the Domestic Violence Act
In the context of the Domestic Violence Act, an aggrieved person is an individual who has been subjected to domestic violence by a family member or a person with whom they have been in a domestic relationship. This can include physical, emotional, sexual, or economic abuse, and can also include...
Right of an aggrieved person in the domestic violence act
The aggrieved person has these rights in the Domestic Violene Act 2005. Protection order: An aggrieved person has the right to seek a protection order from the court, which prohibits the perpetrator from committing further acts of domestic violence, and also provides for the safety and well-being...
Interim relief in domestic violence act
The Protection of Women from Domestic Violence Act (PWDVA) is a law in India that provides for the protection of women from domestic violence. The Act provides for various forms of relief for women who are victims of domestic violence, including interim relief. Interim relief refers to a temporary...
Court did not summons the sister in law in a domestic violence case: What to do?
Question: Court did not summons the sister in law in a domestic violence case: What to do? My case of domestic violence is pending in the judicial magistrate’s court. In which three accused have been summoned. But the court is not summoning the sister in law only because she is not residing in the...
My sister in law has robbed my gold
Question: What cases can I file on them, especially my sister in law and her husband who is the primary person and how can I go back home with protection? I'm a victim of domestic violence from my in-laws and husband, my sister in law and her husband. Now they thrown me out of house with pregnancy...