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Living separate, cruelty, cheating


15-Mar-2026 (In Divorce Law)
I want divorce. I am feamale. I am living separate from my husband after only 3 months of marrage. He harrashed me, they are cruel. Is it necessory to file police complain for this
Answers (4)

Answer #1
726 votes
No you don't need a police complaint for divorce, you will need to send a legal notice for divorce either it can be mutual consent if both of you are ready or contested if your husband does not need it, also you can file a domestic violence case for harassment and cruelty.
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Advocate Moksh Jain

Adv. Moksh Jain

LawRato Mumbai | 100+ Answers
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Answer #2
519 votes
You can file for divorce on the ground of cruelty; filing a police complaint is not mandatory for seeking divorce. Cruelty under matrimonial law includes both physical and mental harassment, and your short duration of marriage (3 months) does not prevent you from filing a case.
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Advocate Utkarsh Mehta

Adv. Utkarsh Mehta

LawRatoNagpur | 25+ Answers
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Answer #3
665 votes
No it is not necessary to file for a police complaint because mostly the divorce case comes under civil matters and if there is any criminal act which has occurred or taken place then only you can file for criminal case and if you want to go for a criminal thing then you can file for DV domestic violence but if you only want divorce then you can directly find for divorce under the ground of cruelty. Thanks
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

LawRatoMumbai | 200+ Answers
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Answer #4
713 votes
A police complaint (FIR) for cruelty under Section 85/86 of the BNS is not mandatory for divorce but serves as strong evidence. You can file for divorce on grounds of cruelty or seek relief under the DV Act.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoPune | 700+ Answers
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