How to help a woman with divorce w/o disclosing our identity?
I want to help my neighbor who is physically tortured and harassed by her husband. She approached us for a Divorce. We want to help her but we don’t want our identity to be revealed in the whole process.
How can we go about it?
Firstly, we would suggest you to tell your neighbor to register a complaint for cruelty under Section 498A of the Indian Penal Code or for domestic Violence under the Protection of Women from Domestic Violence Act or both.
We would like to specify that the complaint under Indian Penal Code is a Criminal Complaint while the Complaint under Protection of Women from Domestic Violence Act is more of civil nature.
Thereafter she can file a complaint before the Court praying for Protective Orders, Monetary Relief, compensation orders and even custody orders in case she has a child. Furthermore, she can even claim maintenance under Section 125 of the Code of Criminal Procedure.
With respect to the divorce:
She should file a petition for dissolution of marriage on the grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act. The Courts have recognized both physical and mental cruelty within the ambit of this provision. She can adduce evidence of torture and harassment and the divorce shall be granted.
In this entire process you only have to help her in registering the complaints and filing the petition and your identity shall not be revealed.
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