Domestic Violence, Separate mother, Divorce
2 years ago
It is anonymous for privacy concerns. I am A, my brother B, mother M and father K. K repeatedly committed domestic violence in his family. Torturing M,A,B was a daily activity for him. M,A,B even went to the district collector, who then refered them to the SP who referred them to a female inspector. The matter escalated in mahila sashaktikaran kendra. But K somehow managed to bribe the police personals involved and the case went for consultation even when M,A,B denied. It never went to the court. K's torture continued and eventually M,A,B found themselves striving for even basic utilities like water, food, electricity. in 2012, they eventually quit the home and started living separate. M managed to educate A,B and giving them proper environment to grow. It's 2021, and K returned in their life by demeaning M socially and morally in the society. The society (without knowing the truth) finds M wrongful and demeans her further.
M seeks a divorce with K and demands K to be convicted with charges of domestic violence.
I want to know,
1. what legal sections are there for M to file a case on K with domestic violence ( given M has sufficient proofs to prove her point)
2. How can M get the divorce with K ensuring the rights of A and B for an ancestral property.
3. K's family also planned to kill M,A,B by burning them. Of which we have audio evidence. In that case, would it form a case for criminal intimidation and attempt to murder against whom?
'M' can file a case under section 498A of IPC. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punÂished with imprisonment for a term which may extend to three years and shall also be liable to fine. Cruelty is the main ground to seek divorce as defined under 'Sec 13(1) (i-a)' of 'The Hindu Marriage Act, 1955'. She can plead for divorce under the said act. You can also file a suit against K for criminal intimidation. Please contact for further advice.
Please rate my answer
Thank You
Whatever you have mentioned are solid grounds to file a case for divorce and she can get it easily. You need to get in touch with a good lawyer who help you with all these issues. If you need then you can get in touch with Vidhikarya Team to help you out with that.
Jagannath S Pawar
Responded 2 years ago