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Can I get a divorce if I am facing domestic violence from my husband
21-Apr-2023 (In Divorce Law)
My sister got married about two years ago. But just after some time she had to face serious physical violence and abuses from her husband over petty issues , demand for money and other items. At the time of marriage we were told that the person(husband) works in MNC and has a good salary, but it was not the case. Now , the wife is staying with her parents for last one year but the threats and abuses continue from the husband and his family. She wants to file complaint against them. How we should proceed? These are some specific questions 1. Can she file complaint at her matrimonial residence? 2. What kind of proofs we require to make a strong case? 3.We actually gave them some money and gifts to them at the time of marriage. Can we get it back? 4. How to get divorce quickly?
If u have been finally to take divorce from husband than u should file a divorce petition in 13-B with mutual consent in the court of principal judge in family court where ur jurisdiction.if husband is not ready for divorce than u will have to file in 13-A.u can also file a dv case or 498-A in civil court.
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Adv. RK Goswami
Patna | 100+ Answers
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Dear Client,
1. Yes, she can file a complaint case against her husband and relative of the husband under section 498A IPC.
2. If you have any medical proof of injury inflicted upon you and if you reported the incident earlier with the police.
3. Yes, you can take your articles back by way of adding the section 3 & 4 of Dowry Prohibition Act.
4. You should file the Divorce petition under section 13 B of the Hindu Marriage Act.
1. Yes, she can file a complaint case against her husband and relative of the husband under section 498A IPC.
2. If you have any medical proof of injury inflicted upon you and if you reported the incident earlier with the police.
3. Yes, you can take your articles back by way of adding the section 3 & 4 of Dowry Prohibition Act.
4. You should file the Divorce petition under section 13 B of the Hindu Marriage Act.
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Adv. Kumar Karan
Patna | 200+ Answers
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As per the information asked by you I would like to tell you that suggest your sister to make a complain before mahila thana near at gandhi maidan subject to the condition of she is living in patna bihar.
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Adv. Vishal Vikram Rana
Patna | 100+ Answers
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She can file matrimonial case for grant of decree of divorce before principal judge family court of the district where marriage took place or even matrimonial residence on the ground of cruelty.she can also raise the issue of getting back dowry articles and stridhan.
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Adv. Ravi Bhushan Prasad Sinha
Patna | 100+ Answers
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Yes she can get divorce from her husband and also can file the case from her Matrimonial residence.... For quick disposal of the divorce you have to fix meeting with my team where we can discuss about the matter and its relief.
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Adv. Rohit Kumar Singh
Patna | 25+ Answers
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