Filing a divorce case due to domestic violence.

760 votes

These are the sufficient ground to file the case as you are expecting. But I ll advice you to file 125 crpc maintenance/alimony firstly and file for domestic violence against the husband of the victim.
You just need to assemble the evidence of the salary of the husband as accurate as possible to get the best desired result in your case.
Contact for the further proceedings for 100 % success results in regard with guarantee.
Best of luck

Advocate Salil Tripathi LawRato

789 votes

Consult a lawyer for drafting appropriate applications and petitions. I can help you if something has to be done in Delhi. I hope there is no case pending till now. You have not disclosed about children out of this wedlock, date of marriage, religion, place of residence of your sister. There are other options also which can helpful before you finally decide to go for divorce. Please contact expert lawyer at the earliest.

Advocate Kumud Shekhar LawRato

967 votes

Greetings,

One of the most neglected areas of violence against women is domestic violence. We have a stringent Act, Protection of Women from Domestic Violence Act 2005 (PWDVA) in force and yet we find that the families hardly care about it. This is because of lack of awareness on the part of the suffering women and most of the time to safeguard the 'family honour and social stigma' as people rather look down at the woman than fight back the offender.

In your sister's case, I'd recommend her to gather enough evidence to share with the police. Here the nature of abuse can be of any of natures listed below which the police has to take into consideration:

1. Physical abuse
2. Sexual abuse
3. Verbal and emotional abuse
4. Economic abuse

There is a clear indication from your message about the presence of the abuses by the husband meted out to your sister.

I'm not going to share the relevant sections or other details legal options here at this stage but the first step has to come from your sister or you on her behalf - that is approaching the Crime against Women (CAW) Cell of the local police and file a complaint. Based on the complaint the police have to take the necessary steps.

The FIR has to be very elaborative to ensure that the stringent sections of the Indian Penal Code are attracted to the case. You may consult an advocate before or at the time of filing the FIR. This will help the police to act fast and effectively in accordance with the law. If things turn normal the legal option may not be sought, else you may need legal assistance from an advocate after the FIR is filed.

I'm or my law firm is always available to handle such cases and would be available at time. Feel free to revert back for further clarifications.

I wish you all the strength to help your sister and please note that you or your sister are not alone in this fight. As a progressive society, we are a part of the efforts to make the society equal for everyone and fight to women's rights where due.

Warm regards,

Kabir Hazarika, Advocate

Advocate Kabir Hazarika LawRato

773 votes

file a divorce on the grounds of cruelty .you can also ask for maintenance or one time alimony . u can file separate case of domestic violence as well there also you can ask for maintenance accommodation and protection.
regards
sonalika bhargava (advocate)

Advocate Sonalika Bhargava LawRato