How to file for divorce and complaint under DV act

Husband and wife got married at the eage of 25 and 24 years respectively. This is an arranged marriage and at the time of marriage the husband was not doing anything. Both of them hailing from UP. The wife was employed. Both were residing near Nallasop0ara, then Thane Dist. Last 2 years residing in Navi Mumbai. Wife is in employment having 2 sons aged about 5 years old and younger one 3 years. Wife was physically and mentally tortored trime ana again Wife wanted to get rid of him by divorce. 5 days ago huisband has mertcilessly beaten wife and goen away presumably to Surat to his Sister'sd house and then to native place. Under this circumstances what legal action could ber taken. Is a legal notice to be sent before filing Complaint under Domestic violence. However, wife has compained to Police has recorded FIR u/s 323, 506 and shje has stated he is not working. She was meeting all household and children's expenses etc.Both of them are Hindus same caste Brahmins. .

Answers (3)

150 votes

If FIR has been recorded it is very good. Depending on the tenure of marriage we can try to file 498A through a private complaint. At the same time we should file domestic violence in magistrate court and divorce in family court. Please get in touch with more details.

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64 votes

If she wants Divorce she can file for Divorce and other reliefs under DV act one sided but she should have his address at his native place for the summons to be served.A legal notice to be sent before filing for Divorce is not mandatory.

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Firstly you have to for a first information report as you have in your case .... now the second step will be to approach Learnedfamily Court by a way of divorce petition ... in this petition you have to demonstrate that husband is harassing you and also is hitting you ...

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