How to get a divorce if my husband is abusing me physically

698 votes

Dear Client,

You may go for filing a petition for divorce if you have already decided under the Hindu Marriage Act.

You may contact me for further advise and suggestion on the matter with the relevant papers.

Regards,

HS Verma

Advocate Hari Shankar Verma LawRato

652 votes

There are several remedies available for women. You will get divorce but first you have to secure your future by getting alumni, maintenance and compensation for spoiling your life. You may get consultation from lawyer before get any decision.

Advocate Balaji Sagar LawRato

795 votes

If you are still staying with your husband and facing trouble, as a victim, you can approach the ‘Protection Officer’.

Protection of Women from Domestic Violence Act was passed to protect women from domestic violence. The law has many unique features− it expanded the definition of domestic violence and brought under its protection all women who are in a domestic relationship, including mothers, sisters, and daughters.

Domestic violence under this law can include different kinds of abuse and violence. It is any kind of abuse which causes harm to you, your health and well-being. It could include harassing or hurting you or your relatives for dowry, money, or property. The threat to harass or hurt also falls under domestic violence. It also includes any act which causes you physical or mental pain. Being abusive could mean physical, sexual, verbal, and emotional as well as economic abuse. It does not need to be an actual action- not doing something can also be a form of domestic violence. For example, not giving you money to run the household or for the children would fall under the definition of economic abuse as per this act.

A Protection Officer is the first point of contact for a victim. The Protection Officer can help start proceedings before the Magistrate and help with providing a safe shelter or medical help. Each State Government appoints protection officers in their state.

The law imposes certain duties on the main authorities responsible for enforcing this law. When a police officer, Protection Officer, Service Provider, or Magistrate comes to know that someone is suffering from domestic violence, they must inform the victim of the following rights:

The victim can apply for any of the reliefs recognized under this law i.e. a protection order, monetary relief, custody order, residence order or a compensation order.
The victim can use the services of certain official Service Providers.
The victim can approach a Protection Officer and ask them for help.
The victim can ask for free legal aid.
The victim can also file a criminal complaint under the general law on crimes (the Indian Penal Code, 1860). Please note that filing a criminal complaint can put the offenders in jail for up to three years. The victim must have suffered a graver degree of abuse (i.e. cruelty) to be able to file a complaint.

Advocate Ibji Majid Anwar LawRato