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Bhupinder Singh (SE)     24 January 2010

Divorce for physical injury

 Hi,

My sister have been having problem with her husband for last one year. Although he technically leaves with him, he spends most of his time outside of home, including full weekends. She has been feeling insecure and alone. She tried to ask him to be with her, but he refused every time stating he must spend time elsewhere and can;t stand to be with her. A couple of days ago, the issue turned into a heated confrontation. He attacked my sister and hit her. She has suffered two fractures on her hands. He has left the house afterwards and my sister moved in with her parents. My questions are the following:

1. Can she file for a divorce under physical injury?

2. What proofs she must show in order to get this (Xray?Doctors' report? FIR?)

3. She doesn't want to invoke 498A, but at the same time we do not want to lose this as a valid point for divorce. Is it possible to lodge a complaint with the police that will be acceptable in a civil court for basis of marriage, but will not result in her husband and his family to be put under arrest? We want to get this over with peacefully.

4. Is it possible for her husband to anticipate her intention and file a report in the police station before her that will somehow nullify her complaint?

5. What is the time frame (if any), inside which the police report must be filed?

 

I will be extremely grateful if someone can answer these questions for me.



 9 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 January 2010

If your sister's husband is ready for divorce then file a consent divorce petition, otherwise file  a divorce petition on the ground of cruelty.  There is will be conciliation stage in the case.  Before the judge your sister can say everthing what his husband does.

adv. rajeev ( rajoo ) (practicing advocate)     24 January 2010

One small correction in my answer, instead of his it ought have been her.

K.K.Malhotra (Chairman)     24 January 2010

Complaint to the police can be lodged. FIR to the offence is required to be lodged immediatly/as early as posible.FIR can be registered as the offence is cognizable. divoce may b sought on the  ground of cruelty which includes physicl and mental.

sunil pagare (lawyer)     24 January 2010

File an application u/s 12 of protection of women from domestic violence act. it is very useful in divorce petition. In this application your sister can apply for  maintenance, compensation, house  rent & other relief under this act.Court can also frame charge u/s 498a of IPC aginst the husband & his relative.File it soon. this act is for women like ur sister,who realy need protection from their husband.


(Guest)

Follow the advice of Sh. Small Pagare.  Further, after filing the case under domestic violence Act, file a divorce petition.  In divorce proceedings, first stage is conciliation proceedings.  During conciliation proceedings, initiate for divorce under mutual consent  provision with an agreement that domestic violence case will be withdrawn.

Keep medical certificates of injury and X-ray reports, which may be valuable in future

proceedings.

DR.SANAT KUMAR DASH (Eye Specialist)     26 January 2010

 DIVORCE      SUIT   MAY   BE     FILED    FOR   PHYSICAL     AS   WELL   AS      MENTAL    CRUELTY.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     26 January 2010

Immediately file fir alongwith medical report of fracture, if it not yet done.

She will get divorce on this ground. (sec.13(1)(ia)(ib) & sec 10 of the Hindu Marriage Act.). Before divorce pass a order of Judicial seperation. Also file 498A & dv act. DO not worry, if husband linent to this action, withdraw the criminal cases. if you want to see the law; iwill post it.

Bhupinder Singh (SE)     28 January 2010

 Hi,

Many heartfelt thanks to everyone who gave their valuable suggestions. Knowing the options are very helpful indeed. 498A is something we're trying to avoid (my sister's still emotionally attached and does not want to see her husband in jail). Therefore we can do everything else possible. Since its been almost 7 days and the FIR has not yet been lodged, am I correct in assuming that divorce petition on basis of physical cruelty is not longer feasible? Mutual is the only option left? Or can we show the medical report/X-ray later in court and can still file a divorce under physical cruelty (without any FIR)?

Links to the respective laws will be very helpful as well.

Thanks once again for your time and effort. We really appreciate it.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     28 January 2010

is your sister ready for divorce? if so then why not 498a or dv? she is mentally weak. boost up her.

lodge fir immediately, otherwise your advocate will be facing trouble at court for cause of delay / limitation.

did you talk with the boy? sending the act next post.


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