Domestic Violence by husband to wife as a ground for Divorce

693 votes

Divorce should only be used as a last resort when you feel that marriage has broken down irretrievably and in spite of your best efforts there is no chance of survival of marriage.

The Prevention of Women against Domestic Violence Act was passed in 2005 and is a landmark piece of legislation that provides civil remedies for all forms of domestic abuse experienced by women. All the earlier legal remedies concentrated on violence in the matrimonial family. But the experience gained through womens narration is valuable since so many women have also reported violence from the natal family and from men with whom they have a live-in relationship in the nature of marriage. This Act extends protection to women in all these relationships. Another important contribution of this Act is that it has made it difficult to render women shelterless or throw them out of the home. It also makes provisions to put in place the necessary structures that would make it easy to access and implement. It provides immediate thought temporary protection from domestic violence. There is a provision to obtain protection orders if the woman applies for relief. This is a civil remedy with the provision to combine a criminal remedy if needed and is applicable to all women irrespective of religion.The Domestic Violence Act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic and according to the law harassment by way of unlawful dowry demands to the woman or her relatives.
An aggrieved person or any one on her behalf can present an application to the magistrate seeking reliefs under the said Act. Section 17 of the Act states that aggrieved person cannot be evicted from the shared household. Magistrate if satisfied that domestic violence had taken place pass protection order in favour of aggrieved person. Magistrate can impose additional conditions that he deems necessary for the protection of the aggrieved person. Section 20 provides monetary reliefs looking at the standard of living of the aggrieved person. He can order for a lump sum payment of maintenance too. Such relief amount should be paid by respondent to aggrieved person within the specified time. Custody of the children to the aggrieved person can be ordered by magistrate. He can even grant compensation to the aggrieved person directing the respondent to pay such amount for mental torture and emotional distress.

So better file a case under DV Act and also seek maintenance and protection. Divorce is not a proper remedy in such a situation.Under Muslim law the divorce may take place by the act of the parties themselves or by a decree of the court of law. However in whatever manner the divorce is effected it has not been regarded as a rule of life. In Islam, divorce is considered as an exception to the status of marriage.

Advocate Ajay NS LawRato

950 votes

Hai.
Your situation is not a single and rare thing. Its common so be brave. 2nd i didnt get the way u responded tat u wont take responsibility of ur mom. U wuld be her only concern since ur brother is nt well. Consult a civil family lawyer at the earliest near n accessible for u n resolve the matter. There are somany door pointing justice to u. Pick the right one. Do take ur mom too with u while consultation.
Hope am upto ur query

Advocate Manoj George LawRato

612 votes

You are already grown up and standing on your own legs. It is better that your parents to live their life in their own way and there own fights.

Advocate P Venu LawRato