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Number of instances of domestic violence required for divorce


08-Apr-2023 (In Divorce Law)
My wife has beaten/physically abused me several times. I have a good evidence to prove that it happened once. We have differences on multiple issues and I have decided for a divorce. Is one evidence of domestic violence enough for getting divorce on grounds of physical cruelty?
Answers (5)

Answer #1
557 votes
Sir,

In your case you can file the case of Divorce on the ground cruelty and mental harassment. The abutment itself is the Mental Harassment. To the divorce, there is need of prior separation for some month. So Please inform me that is there is any separation of due to cruelty.

Here you cant file the case against her under the DV ACt. The Act itself says The Protection of "Women" from Domestic Violence Act, 2005. here it is better for women.

Please issue notice before you proceed.
Answer #2
583 votes
U con't file the case against her under the DV ACt. The Act itself says The Protection of "Women" from Domestic Violence Act, 2005. here it is better for women.u should file cruelty against her and take a divorce
Answer #3
616 votes
You have to wait for expiry of one year from date of your marriage to file for divorce .If you have made the decision you can move on, physical cruelty can be one good ground for divorce, approach her/ her family for a mutual one in case she is not ready file a petition. We are experts in handling matrimonial cases feel free to contact in case you require any legal help
Answer #4
516 votes
In matrimonial life, the cruelty has got different types. it may be physical, mental, social and financial etc. The circumstances of various incidents of cruelty would be taken into consideration, to determine whether there is cruelty, which is sufficient to grant the decree of divorce.

The materials now you have given by few words is in sufficient.

Better to have opinion of advocate who has knowledge of matrimonial laws. After having the audience of you, a definite opinion could be given. Good Luck.
Answer #5
735 votes
Cruelty whether is is physical cruelty or mental cruelty, whether once or several times doesn't matter. If there is cruelty, then you can file for divorce based on the cruelty and evidence of one incidence is enough to show

--- Advocate C V Srinivasa

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.

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