Matrimonial Dispute - not talking to wife

Dear Client,
Domestic violence is defined comprehensively under Section 3 of the Protection of Women from Domestic Violence Act,(PWDVA), 2005, comprising Physical, mental, verbal, emotional, sexual, and economic abuse, Harassment for dowry, and acts of threatening to abuse the victim or any other person related to her. As per the Explanation I (iii) "verbal and emotional abuse" includes (a) insults, ridicule, humiliation, name calling, and insults. Under Section 12 of the Protection of Women from Domestic Violence Act, 2005(PWDV), any woman who is, or has been in a domestic or family relationship with the persons and who have been subjected to domestic violence, can lodge an FIR against him/them at the local police station for redressal of her grievance. Under Section 12(1) of the Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may directly present an application to the Magistrate seeking one or more reliefs under this Act that include right to reside in a shared household, protection order and residence order provided that before passing any order on such application, the Magistrate shall take into consideration any domestic incident report received by him from the Protection Officer or the service provider. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse to such an extent as to be injurious for him or her to continue the marital relationship. The appellant needs to prove that further continuance of the matrimonial relationship is harmful to the mental health along with physical health of the appellant. The party seeking divorce on the grounds of cruelty can submit audio, video, or written evidence to prove his or her claim. If there is no possibility and no scope of mutual consent divorce, you can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently resides praying for a decree of divorce and seeking maintenance or alimony from the husband. Apart from this, you can make a complaint to the Chairperson, National Commission for Women and State Commission for Women who are empowered to investigate complaints related to domestic violence or atrocities faced by women in the hand of family members by sending an email to ncw@nic.in or filing an online complaint on their official website. Seek legal advice whenever required from an experienced Advocate to understand your rights and remedies to navigate the issues legally and effectively.