my sister is a govt Teacher and her
husband also teacher but he is harassing her for second marriag
e we made a complaint against him but they send both the parties to the counseling and finally counseling failed now we need to make the FIR but we need to get 2 children's
maintenance and compensation and my sister's 16 year's salary also
what will be the grounds to demand all these ?
Cruelty, Mental or physical is a valid ground for divorce in religious as well as secular laws in India. Section 13 of The Hindu Marriage Act, 1955 provides for dissolution of a marriage by a divorce based on several grounds, and one of them is cruelty. Section 27 of The Special Marriage Act, 1954 provides for the grounds of divorce and it also talks about cruelty in marriage. By Cruelty, we think an act of physical violence against a person by another but it also includes any kind of emotional and mental harassment or pressure and is a valid ground for getting a divorce decree passed by the court having jurisdiction in India. To judge an act of cruelty, it is important to see the effect of such an act and if the effect is either of harm, distress, trauma or insult the act is a cruel act. You must hire the best Divorce Attorneys in India to know about the concept of cruelty and about the divorce procedure, that is to be followed further. Physical violence is not the mere ground for divorce but mental cruelty that may include verbal abuses and filthy language which will lead to cause a mental disturbance to the victim is also a ground for divorce in India.
A contested divorce is where one spouse wishes to dissolve the marriage based on the acts of the other spouse. First, you must:
- File a divorce petition in a family court with appropriate jurisdiction
- Summons will be issued to the other spouse
- A written statement from the spouse should be provided
- Evidence will be dealt with
- Arguments will take place between the parties
- The final divorce decree will be passed.
This case should take some time to get a final judgement from the court, you must hire the best Divorce Lawyers in India those will help you get your rights in the assets after this divorce. www.lawyered.in https://www.lawyered.in
https://www.legalservicesindia.com/article/1900/cruelty-as-a-ground-for-divorce.html
