Domestic violence FIR
8 months ago
I got married in Jan 2023, in duration of 5 months my husband and I used to have numerous number of fights because of my in laws controlling behaviour on my marriage gifts, and on small small household issues. It was a love marriage and I used to work in a different city, after marriage i had to switch my job because my husband refused to move with me. All these issues used to have big fights between us, and my mother in law used to verbally abuse me defame me whenever I used to take a stand in the fight. My husband used to push me and verbally abuse me also in the fights. ...after 3 months I was told to get shifted to a rented house near to my office so that I can travel easily, despite of me asking for a pool car to travel....anyways I got shifted with my husband in that house and my husband started to look for a new mnc to switch meanwhile we were again having problems due to many issues. He used to take money from me for the shared household expenses, and also for premarital photography expenses....which I then used to give .... despite he was having a package of thrice as mine...I was having a very average salary.
He and my in-laws also told me to give 50k yearly to some recurring deposit which was on my husband's name and I was the nominee. Which I try to make him understand that it's not possible for me ...and all these led to numerous fights between us...untill one fine day ...he got a huge package switch into a very good mnc.....just after that he started fighting with me and ignoring me to discuss the future relocation. And we had a huge fight and next morning he called up his parents and decided to leave me alone in the rented house .....then they left the house with their belongings and my mother in law called up my mother and said our son will mutually divorce your daughter, etc. I was shattered completely.
Two months have gone this incident, he is now moving to another city. I tried having reconciliation with him but he manipulated me instead saying ok sign a document to further continue etc etc anyways we can't file a mutual divorce within a year of marriage. And asked me to come my in-laws house with my belongings. When I refused to sign the document which further stated with all false allegations against me and if further fights continued we will head for mutual separation etc. He started ignoring me and avoiding me....I just left for my parents house ......
I was thinking to file an FIR against him and my in-laws but I am not having any proof of the physical violence, i should have clicked some pictures but failed to do so ...but the mental trauma and emotional turmoil which they gave me iam having each text,call with me...also the document and his threats and asking for mutual divorce... So can I file a dv case against him?
Yes, you may obtain divorce on the grounds of cruelty against your husband. The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;
“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.
On basis of this section we can explain this legal basis for the divorce as anybody who is getting suffer from the other party in physical manner or a mental torture or any other type of harassment then the other can reach to the court with this base and claim for the divorce.