Can photos of wounds be sufficient to prove domestic violence


I left my husband after he beaten with 2 chaild. I took photos in cell phone of wounds( black & blue swellings) on my face, neck, back. This incidence of beating & photos happened 2 months back. Now my husband want me to bring back me. But parents &me decide to don't go to him. ?????? Is these photos of black & blue sufficient to prove cruelty of my husband. Can I get divorce on the ground of cruelty.

Answers (4)


219 votes

Madam,

Yes. The photos can be used as proofs to show the cruelty of your husband and you may get divorce on the basis of the photos along with other incriminating evidences showing his cruelty towards you. File a divorce petition under Section 13 (1) (ia) of the Hindu Marriage Act before the family court of jurisdiction where your marriage was solemnized or where you are presently residing and proceed further.


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253 votes

Yes you have a right to claim on the cruelty ground that you are not happy with the marriage and you are not happy with husband and family of the husband and now you are ready to give divorce to your husband

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332 votes

Hi
In general photographs of wounds(black and blue swellings) are considered as evidence by courts.
However the courts will generally rely on medical reports(hospital prescription) in addition to photographs.
Also you need to convince the courts that the husband has been repeatedly assaulting you over a period of time in order to prove cruelty.
1 instance of physical assault is ofcourse recognised by courts, but repeated assaults will prove to the court that
a) Cruelty inflicted on you by your husband and
b) Your husband has developed animosity and hatred towards you and
c) your husband is a maniac who will not change his character and conduct and hence can cause danger to your physical and mental well being and his acts come under the ambit of cruelty and hence the marriage is to dissolved.
Hope this information is useful.

191 votes

yes you can get the divorce by filing petition under section 13 of HMA act those photos can be presented as evidence at the time of trial. you can even file a DVC case and maintainence against him. if children are with your husband you can ask for custody also

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