Legal Question in Family Law in India


A lady got divorced from her earlier husband and started living with her boy freind who was also a devorcee. They got married at the lady's parental home in the presence of his parents but did not get marraige registered.

Now the said man left the lady after 9 years of their marraige and went back to his previous wife. He also took back all the photographs of their marraige.

Now the said man is saying that there was no such relation between them and she was allowed as a tenant in his flat.

The lady has suffiicient proof of their relationship such as Voter Id Card, Bank Pass book(in Joint Name)Hospital discharge slip etc and namy more.

The lady is still living in her matrimonial house.but the man is trying to throw her out of the said house on the ground that it was rented to her.

A case of DV is pending in the court for last two years and the Ld. Judge has passed an order to pay Rs.3000/- per month to lady as compensation.

Sir, I would like to know how long a case of Domestic Voilence can be kept running? In this case what is the fate of their relationship?

Your advice will help a lady to move forward to save her life of uncertainity.



Asked on 7/12/13, 2:18 am

3 Answers from Attorneys

Aileen Marques Independent
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The amount you receive per month is maintenance.. to help you provide for your needs. Once the interim orders are passed, some courts follow summary trials and ask to file affidavits and the matter gets over soon. However this DV case will not decide the fate of your relationship.

It will only help you get an order not to be thrown out of the house, protection from domestic violence and maintenance. DV cases do not decide the fate of the relationship.

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Answered on 7/12/13, 2:31 am
Lovkesh Gupta court marriage and divorce lawyer
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file police complaint.file civil suit

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Answered on 7/12/13, 5:45 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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The second marriage is valid as both were divorcees. The second husband is liable to pay maintenance. The wife is entitled to compensation and shared accommodation under the domestic violence Act.

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Answered on 7/12/13, 9:05 am

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