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Sunil Kumar (engineer)     09 June 2014

Divorce based on cruelty

If i file Divorce based on mental and physical cruelty , will police arrest him or any warrant will come in his name?


 6 Replies

Laxmi Kant Joshi (Advocate )     09 June 2014

You are male or female the query is not clear .

drsxprt (self)     10 June 2014

cruelty means cruelty. whether he is or she is.
bt frm reply, feel it does effect.

Sunil Kumar (engineer)     10 June 2014

i m female . cant disclose name. Sorry.

if i file divorce based on cruelty , is it like police will arrest him ?

Adv. Chandrasekhar (Advocate)     10 June 2014

No.  A divorce case based on the ground of cruelty will not permit the police to arrest the husband.  Even in the Domestic Violence cases also police will not arrest.  Police will arrest the husband in Section 498-A, 406 IPC, if there is a proper complaint from the wife carving out such offences and the husband fails in the mediation to convince the police there is no need FIR, then only he will be arrested.

Laxmi Kant Joshi (Advocate )     10 June 2014

No , police will not arrest him , if he physically hurt you get done your medical in government hospital and obtain MLC of it and then make police complaint of your husband and get him arrested .

Gautam Kapoor (IT professional Studying Law)     11 June 2014

Are you posing this query to get him arrested or  from the fear that he may get arrested.

For the former, 1-2 members in this forum will kindly assist with Section options .

For the later you don't have to worry.

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