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mohit.ssec@gmail.com   08 April 2018

Domestic Violence

my friends mother is suffering from domestic violence and constant physical and mental harassment from her husband since last 25 years..... she wants to file a police complaint against this and get divorced. kindly guide us the procedure for the same.


 2 Replies

Siddharth Jain   08 April 2018

She will have to file an application under Section 12 of domestic violence act and seek monetary relief under Section 20 of the said Act.

If you want to  take criminal action, then you can file a police complaint under Section 498 A at your nearest police station.
For any other queries feel free to contact me at isidjain1@gmail.com
1 Like

Vijay Raj Mahajan (Advocate)     09 April 2018

No complaint under section 498A IPC will be entertained by police where the marriage is 25 years old unless there exists sufficient medical evidence of inujries caused to the wife by the husband. Physical and mental harrasment alleged need to be proved with sufficient evidence, mere allegations will not resolve the case in favour of the wife. Mere daily bickring and verbal arguments between parties who have been in marital relationship for 25 years is not even ground for divorce or entertainment of domestic violence complaint u/s 12 of the Protection of the Women from the Domestic Violence Act,2005.

If both parties not able to carry on the marriage let them go for divorce by mutual consent rather involving in all sort of false criminal cases against each other.

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