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How to get a divorce on ground of domestic violence and mental torture
15-Aug-2023 (In Divorce Law)
My sister got married 4 months ago,we gave groom dowry as an asset as well as in money also. after a month of marriage he started torturing my sister mentally, forced sex was common on emotional blackmail, and now he has thrown her out of the house. kept all the asset Tortured her mentally, threaten her to kill her, hurt her self-respect with using slangs, and said that he would marry again and would not give her a penny and threw her out . What and where should I seek for help? How can I help my sister to get justice!? She wants a divorce because her husband has tried to blackmail her by attempting suicide to threat her. How can I help her?
Imediatedly file a case under dv act,and also file a 498A of IPC case against her husband and he is bound to pay maintenance under the provision of law,and if her husband marry anyone without divorcing her you can file a case of bigamy and he would be penalized for such act.
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Adv. Mahfuz Murshed
Kolkata | 25+ Answers
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Your sister is entitled to get all articles and jewellery which are stridhan given to her during or after marriage. Since this is a recent marriage, a special leave needs to be taken from court for filing and admittance of the divorce petition on the ground of exceptional hardship. In the meantime she can lodge a complaint with the local police station u/s 498A, IPC and domestic violence. The penal provision of dowry prohibition act should not applied, as you mentioned that you had given asset and money before or during marriage, which itself is an offence under the law. I would suggest you to come on a one-to-one consultation. Contact me through Law Rato.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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At fist lodge a FIR to the local police station . and file domestic violence case.
And file a petition for divorce before the court and file a case under section 125 of the Cr. P. C for maintenance of your sister.
For mutual consent divorce and contested divorce both the parties required to wait one year from the date of marriage. But without detail discussion proper consult is not possible.
And file a petition for divorce before the court and file a case under section 125 of the Cr. P. C for maintenance of your sister.
For mutual consent divorce and contested divorce both the parties required to wait one year from the date of marriage. But without detail discussion proper consult is not possible.
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Adv. Dhrubaraj Bhowmik
Kolkata | 200+ Answers
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It is better to seek divorce rather than opting to live with such wild animal. Please before filing a divorce petition file a police complaint stating that the husband is threatening her for suicide and his barbaric behavior towards his wife. Aside also file a divorce and maintenance petition against him. If police do not react please do not hesitate to file a private complaint against him.
Please do accompany an Advocate in this concern.
Please do accompany an Advocate in this concern.
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Adv. Pradipta Nath
Durgapur | 200+ Answers
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