A.
Dear Client,
In the given scenario, you should do what protects your interests and safety most. If you feel you can manage yourself outside without the support of others for all your needs, nothing prevents or restricts you from walking out of your toxic matrimonial home to look for the destiny of your choice. In the prevailing situation, you have the following legal remedies to resolve the crisis. 1) you can file a complaint against your mother-in-law and sister-in-law who subjected you to domestic violence in the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Magistrate seeking one or more reliefs under this Act that include the right to reside in the shared household, prohibitory order and residence order. 2) she may consider judicial separation or divorce on the grounds of mental cruelty to resolve the matter permanently. Either spouse can obtain a decree of divorce if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual divorce, your mom can file a one-sided/contested divorce petition before the Family/District Court praying for a decree of divorce and seeking maintenance or alimony from the husband. Since grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings, it is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Posted On 10-Jan-2025
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