Dowry Demand/Domestic Violence/Abuse
A woman facing domestic violence, dowry demands, and abuse of any kind from her husband can file a complaint under the Domestic Violence Act and under the Divorce Act. She can file for divorce under the grounds of cruelty.
If she is mentally and/or physically tortured by her husband and/or in-laws, she has a strong ground for divorce and can also file a case under Section 498A IPC.
The India law does not consider men to be victims of domestic violence. So, filing for divorce under the grounds of domestic violence is so far only applicable for women in India. Men can file for divorce under the grounds of cruelty and abuse.
Benefits to choose service
You definitely need a lawyer for this, whether you are the petitioner (victim) or the respondent (accused). In India, you cannot file for divorce within a year of marriage; atleast one year of marriage should be complete. So, if one year is incomplete, but you still want to end your marriage, you can file an exceptional divorce application on the ground that your husband and in-laws have inflicted exceptional cruelty upon you. You need a good lawyer for this.
Many times, women falsely accuse their husbands and in-laws of dowry demands and physical torture. So, men must find a good lawyer who can represent their case and handle the accusations done under the relevant sections of law.
Also, women who want to get back their streedhan must file a complaint under Section 498A, which comes under criminal law.
Frequently Asked Questions (FAQs)
Yes. Protection of Women from Domestic Violence Act, 200 is specially designed for women to protect them from torture within the marriage. Other laws to protect women are Dowry Prohibition Act, 1961, to protect women from dowry harassment and violence, and Section 498A of IPC, which is a criminal law, decrees that “any death of a woman within the first seven years of marriage will be considered by default to be because of dowry harassment.” Section 304B IPC also deals with cruelty inflicted upon the bride.
You must immediately hire a lawyer and file a counter claim against your wife. You need to prove your wife is wrong. For this, a legal defense is necessary. You may also need to apply for anticipatory bail to prevent your arrest. A good lawyer will guide you in each step of your case.
Yes. As per the Supreme Court’s ruling, a woman can file a case under the Domestic Violence Act even after separation or divorce. A woman can seek protection from her ex-husband if he, after divorce, tries to stalk her, threaten her or her family members, abuse or misbehave in any kind.