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Can I get divorce on grounds of domestic violence and adultery
15-Mar-2023 (In Divorce Law)
Hi, My husband has an affair and I got to know about it. From then he has been very rude and as he is alcoholic he used to end up fighting for this issue and also hitting me, I have a 2 year old son and my husband doesnt care about him at all, He had been working in dubai for 1 year and came back in January. I work and take care of my finances of loans and Car EMI. He has not been helping me financially though he was working abroad. Now there was a similar fight and my brother and father came to question him as he was drunk and hitting me. He got into a fight with them and left home. From then he has been living in his relatives house. I had given a written statement to the local police station, they fail to file an FIR. Now he has given a complaint against me in the same police station. His sister is a big problem causer and she posions his mind now he says he will take it legally and threatens me that we will make sure I will suffer and not get any money from him as he has influence
From what you have stated, you have sufficient ground to seek relief of maintenance, protection and divorce under the domestic violence act and the Hindu Marriage Act (presuming both of you are Hindus) you will also need to file a case for custody.
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Adv. Aditya Kamath
Bangalore | 25+ Answers
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Hi,
Thanks for writing. Yes you can file for divorce. It will be better to have a discussion and properly case can be put up . Your case us strong and need not worry. Please feel free to contact me
Thanks for writing. Yes you can file for divorce. It will be better to have a discussion and properly case can be put up . Your case us strong and need not worry. Please feel free to contact me
Helpful?
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Your husband has been hitting you. gets into a fight and left home- has been living in his relatives house. What is that you have given to the local police station, I need to see, If they fail to file an FIR, and if he has given a complaint against you in the same police station are you having a copy ?
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Adv. S.K Prabhakar Shetty
Bangalore | 500+ Answers
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Mada,
As you told you are facing curly then you can approach the Criminal court by filing the case under D V Act. As you informed that you have already informed police is also not taken any action against the offender. Then you can approach the Court by filing D V Act and also seek protection.
in the meantime you informed that you have two year old child husband neglecting to take care of you, so you file maintenance application seeking maintenance for your livelihood.
As you told you are facing curly then you can approach the Criminal court by filing the case under D V Act. As you informed that you have already informed police is also not taken any action against the offender. Then you can approach the Court by filing D V Act and also seek protection.
in the meantime you informed that you have two year old child husband neglecting to take care of you, so you file maintenance application seeking maintenance for your livelihood.
Helpful?
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Adv. M Lakshmikanth Arya
Bangalore | 500+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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