Divorce

SUSHMA YADAV (Querist) 25 November 2013 This query is : Resolved
I AM COUSIN OF THE VICTIM PARTY. AND SHE WANTS DIVORCE ROM HER HUSBAND. ONLY 2 MONTHS OF MARRIAGE HAS BEE PASSED AND HER HUSBAND BEATS HER. HIS PARENTS AND HE HIMSELF USE ABUSIVE LANGUAGE AND TORTURE HER IN DIFFERENT MANNERS. THEY MENTALLY HARASS. AND NOW SHE HAS BEEN THROWN OUT OF THE HOUSE BY HER HUSBAND SAYING THAT SHE IS GIRL OF LOOSE CHARACTER. HE USED TO DRINK AND HAVE ILLEGITIMATE RELATIONS WITH OTHER WOMEN. AND NOW BLAMING HER . MY SISTER IS NOW AT OUR HOME.AND SHE WANT DIVORCE FROM HIM. ONE ADVOCATE WE CONSULTED SAID THAT SHE CAN FILE CASE FOR DIVORCE.

PLEASE SUGGEST IF SHE CAN FILE CASE FOR DIVORCE THEN HOW?

AND HER PARENTS HAS GIVEN SOME DOWRY AT THE TIME OF MARRIAGE LIKE COSTLY HOUSEHOLD THINGS, JEWELLERY, AND CASH TO THEM. (ALL UPTO 5 LAKH AND MORE)
CAN WE GET EVERYTHING BACK IN CASE OF DIVORCE???

Follow Query

Report Abuse

Ms.Nirmala P.Rao (Expert) 25 November 2013
Let her first file a Section 498 A criminal case of cruelty against her husband and her in Laws and if proved guilty , they can be punished with jail term and fine. Let her also file Domestic Violence proceedings in Judicial first Class Magistrate court against her husband and in laws also praying for her maintenance, return of dowry and stridhan etc. She can also file for divorce on the ground of cruelty etc against her husband before the expiry of one year period from her marriage under section 14 proviso of HMA in case of exceptional hardship caused to her by her husband and exceptional depravity on the part of the respondent husband etc. If you wish to thank me for this reply please click the thank you button on my profile.