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.