Divorce - husband is filing a petition of divorce
1 month ago
My husband is filing a petition of divorce under the law that im refusing to stay with his parents.
Whereas his parents especially his mother has been very nasty to me at my stay there. Always the cause of fights, didn't even allow me to cook where she controlled the kitchen and the men and didn't bother to give proper food and always screaming like a lunatic and pulled up all sorts of stunts leading to move out of the house. Now I have a 1yr old baby and I don't wish to stay with them considering my peace of mind and my baby health and growth. I dont wish my baby to grow up in an environment like that.. but stating the law he is forcing me to stay with his parents.
My question is
How should i take this case further?
Can he divorce me based on this ?
In the prevailing situation, you have the following legal remedies to resolve the crisis. 1) you can file a complaint/FIR against your in-law's family members who subjected you to domestic violence and mental torture in the local police station under Sec.12 of the PWDV Act, 2005. An aggrieved woman or a Protection Officer or any other person on behalf of the aggrieved woman may file an application directly to the Magistrate seeking one or more reliefs under this Act. Apart from this, you can make a complaint online (https://nhrc.nic.in/complaints/complaints/how-to-file-a-complaints) to the Chairperson, the National Human Rights Commission, New Delhi and the State Human Rights Commission along with the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to issues faced by women in distress by sending an email to [email protected] or filing an online complaint. Further, you can also approach the State Commission of Women situated in your state, and seek help from the local NGOs who rendered dedicated service to the women in distress. If you are not financially sound enough to continue with litigation expenses, you can apply before the Member Secretary, State Legal Services Authority or Dist. Legal Services Authority seeking free legal services available to women under Sec.12(c) of the Legal Services Authority Act, 1987 to contest the cases before the Court for appropriate relief. Reach out to an Advocate for guidance and steps.
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