LawRato

My sister is seeking legal help regarding marital harassment and domes


18-Dec-2025 (In Divorce Law)
My sister is seeking legal help regarding marital harassment and domestic violence by her husband. She needs guidance on how to proceed with a divorce case and ensure her safety. What are the necessary steps?
Answers (2)

Answer #1
790 votes
If your sister is living separately from her husband for 1 year, then she can proceed for divorce. Divorce can be obtained in ways: 1. By mutual consent, 2. Contest. The first one is when both the husband and wife are agreed and ready to get divorced. The second one is when either of them not ready or agree. For matrimonial disputes, harassment and torture by the husband or her in-laws, the wife can file a petition through her lawyer under D.V. Act, under section 144 of BNSS (for getting maintenance) and divorce, whether by mutual or contest.
Helpful? LawRato LawRato
Advocate Dhrubajit Karmakar

Adv. Dhrubajit Karmakar

LawRato Siliguri | 25+ Answers
Chat with Advocate Dhrubajit Karmakar Chat 
Answer #2
807 votes
In cases of marital harassment and domestic violence, the woman should first ensure her safety and may approach the Magistrate under the Protection of Women from Domestic Violence Act, 2005, seeking protection orders, residence rights, maintenance, and compensation. If the acts amount to cruelty, a police complaint under applicable penal provisions may also be initiated. For dissolution of marriage, a divorce petition can be filed on the ground of cruelty under the relevant personal law. Along with the divorce proceedings, applications for interim maintenance, child custody, and other incidental reliefs may be filed. It is important to preserve documentary and electronic evidence such as medical records, messages, and witness statements. Timely legal action and proper legal advice are crucial to safeguard her rights and ensure effective remedies.
Helpful? LawRato LawRato
Advocate Sabnam Khatun

Adv. Sabnam Khatun

LawRatoKolkata | 25+ Answers
Chat with Advocate Sabnam Khatun Chat 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Connect with top Divorce lawyers for your specific legal issue
Connect with a Lawyer
Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

All Answers

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

LawRato