My mother has put up through repeated domestic violence and mental abuse for her entire married life of about 14 years. My father had stopped getting into physical altercations for the past 2 years but stayed mentally abusive. Last night he did it again, and this time a lot worse than the last few times, verbally abusing her repeatedly before choking her without any engagement on her behalf (she did not even curse at him) and then she cursed at him for putting his hands on her and he slapped her with full force, so much that she felt her face go numb and it hit one of her eyes as well. He also threatened her that he's not afraid of going to jail so I am very concerned for her safety because he cannot be trusted and may do anything if he figures out that he is in any sortof legal danger. My mother wishes to pursue a legal case against him and file for a divorce but she is feeling very cornered in that particular city and state (Lucknow, UP) because it is very close to my father's home town and it has only been 5 years living there so she barely knows the city and had no close relatives living nearby. If she were to pursue a legal case she would have a terrible time because it would be almost impossible to get out of my father's reach. My father could also bring over his side of the family from his home town and make my mother's life miserable with harrassment. I would like her to move to her parent's house in Jabalpur, MP for the duration of her court case and maybe even afterwards because that is where she grew up and she will have a support system around her to protect her and would be familiar with the city. My father is very well aware that my mother is helpless in lucknow because he knows she doesn't know any people that can protect her. Can she move to her parent's house and then file the complaints from over there? Or if she files an FIR in lucknow, can she then do the rest of the legal proceedings from Jabalpur? What would be the best course of action here, please kindly guide me.
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Wife can file for divorce in Jabalpur after shifting to said city .seek interim maintenance and alimony
2) she can also file DV case in Jabalpur seek alternative accommodation,maintenance and compensation for mental torture undergone by her
3) before leaving Lucknow she should file police complaint against your father for physical abuse
Yes she can move and file case. You can also seek transfer if you are against it
If the situation is intolerable and it may not be possible for her to live without fear or her life in that house, then she can very well leave that house and go back to her parents house and file the proposed criminal cases at her native also.
There is no illegality to register FIR at Jabalpur besides filing DV case and maintenance case as well as the divorce case at Jabalpur.
Due to fear of her husband and his side people she can very well lodge a criminal complaint at Jabalpur too.
Dear Client,
Your mother can file a complaint under the Protection of Women from Domestic Violence Act, 2005 (PWDVA)and since the incident involved physical violence, she can file an FIR under Section 85 of the Indian Penal Code (IPC), which deals with cruelty by the husband or his relatives Your mother can move to Jabalpur and file her complaints and cases from there. An FIR can be filed at the place of occurrence of the crime. However, if she moves to Jabalpur, she can still file a complaint there and seek a transfer of the case to Jabalpur. She can apply for a protection order which would legally prevent your father from committing any further acts of domestic violence. Your mother can file for divorce on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955. Cruelty includes both physical and mental abuse. She can file for divorce in the family court in Jabalpur, as under the Hindu Marriage Act, she can file a divorce petition where she is currently residing. It is crucial to engage a lawyer who specializes in family law and domestic violence cases. The lawyer can guide her through filing complaints, applying for protection orders, and initiating divorce proceedings. Her safety and well-being are paramount, and relocating to a familiar environment with a support system is a wise decision.
Yes, she can move to her parent’s house and file complaints from there. She can file an FIR at any police station. If she files it in Lucknow, she can still pursue the legal proceedings from Jabalpur. The police in Lucknow will transfer the case to the appropriate jurisdiction if needed. According to Section 20 of the Code of Civil Procedure (CPC), a case can be filed where the defendant resides or where the cause of action arises. This means she has the flexibility to choose the location that is most convenient for her means either lucknow or jabalpur any of them. Once the FIR is filed, she can coordinate with her lawyer to handle the proceedings from Jabalpur. Many legal processes can be managed remotely, and her lawyer can represent her in court if necessary. However, it might be beneficial for her to move to her parent’s house for support and safety. Filing the FIR in Lucknow and then managing the legal proceedings from Jabalpur could provide her with the necessary support system while ensuring the legal process continues smoothly.
