Divorce on basis of Cruelty Divorce on basis of Cruelty

2 years ago

Dear sir/madam, can one get divorce on being a victim of domestic violence? I have been running a case since last 2 years, need advice on divorce, how can I seek refief if the guy says he wants to reconcile and being a domestic violence victim I cant go back as fear death.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
Yes, it is the major ground to seek divorce. If your husband already filed a divorce case then file your written statement stating that you may be granted divorce on the grounds urged by you and not on the grounds urged by your husband.

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Dear client,
Yes, one can get divorce for being a victim of domestic violence. Physical and mental cruelty are both grounds that one can seek to initiate a divorce. You may also file a case against him under Section 498A of the Indian Penal Code which deals with domestic violence.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
Yes, a person can get divorce from the court of law due to the domestic violence if it is proved in the court. Domestic violence will be considered as cruelty by the hands of the spouse under Section 13(1)(ia) of the Hindu Marriage Act 1955. You can get in touch with a good divorce lawyer to sort all your queries.
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