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Aug 123 min read

How A Husband Prove Domestic Violence Against Him And File Divorce?

A Woman Who Is In A Shared Household With The Respondent And Claims That She Has Been Exposed To Any Crime Of Domestic Violence By The Respondent Is Defined As An "Aggrieved Person" In Section 2(A) Of The Domestic Violence Act Of 2005.

The Scope Of Section 2(Q) Of The Domestic Violence Act Was Broadened By The Supreme Court In The Year 2016. The Term "Respondent" Is Defined In This Clause As Any Adult Man Who Is Or Has Ever Been In A Shared Household With The Harmed Party And Against Whom The Harmed Party Has Filed A Claim For Relief Under This Act.


Nevertheless, The Supreme Court Has Decided That The Word "Adult Male" Was Unconstitutional, Broadening The Extent Of The Law. The Verdict Opened The Door For The Legal Prosecution Of Even Women.


Filing For A Fault Divorce


The Husband Might File For A Fault Divorce Based On Where You Reside. Fault Divorce Can Be When One Partner Holds The Other Accountable For The Marriage's Dissolution.


The Following Situations Will Be Acceptable Grounds For Divorce If A Husband Is Applying For A "Fault Divorce"-

  • Adultery

  • Having Been Legally Separated Or Living Apart For At Least A Year

  • Violence Which Results In Mental Or Physical Harassment


What Impact Does Divorce Have On Domestic Violence?


Men, Women, And Children Are All Intended To Be Protected From Abuse By The Domestic Violence Act. It Was Designed To Give Abused People An Easy Way To Get A Divorce Or Separation. This Behaviour Is Described As Putting Someone In Danger Or Attempting To Hurt Them Physically.


  • Domestic Violence Plays A Considerable Role When Settling On Monetary And Child Custody Issues During The Divorce Proceedings.

  • One Must Be Able To Show How Their Spouse's Violent Behaviour Contributed To The Breakdown Of Their Marriage If Domestic Violence Is Considered One Of The Grounds For Divorce. 

  • In The Months Before Exiting From The Marriage Or Requesting A Divorce, It Is Crucial To Preserve Thorough Records Of Any Mistreatment.

  • Informing Close Friends And Family Members You Trust About Domestic Violence And Divorce Can Help Them Act As Witnesses. Photographs, Records Of The Police And Hospital Visits Should All Be Used To Establish Any Physical Abuse. Arguing Abuse Recordings May Also Be Beneficial.


How Does a Husband Prove Domestic Violence?


The Husbands Might Bring Lawsuits Against Their Wives To Strengthen The Defense And Hope For A Quicker Resolution Of A Divorce.


  • Section 120b Of Ipc- A Complaint Can Be Brought By A Husband Against His Wife On The Grounds That She Is Planning To Perpetrate A Crime Against Her Husband And His Family Members By Making A Criminal Conspiracy

  • Section 167 Of Ipc- An Official Drafting An Incorrect Document With The Intent To Harm If The Husband Suspects That The Police Are Assisting Their Wife In Filing A Fraudulent Complaint And Fabricating Papers, He May Bring A Lawsuit Against The Police Alleging That They Have Done So.

  • Section 191 Of Ipc- If The Husband Suspects That His Wife Is Presenting False Evidence Against Him Before A Court Or At The Police Station; He May File A Case Claiming That The Evidence Being Used To Prosecute Him Is False.

  • Section 500 Of Ipc- The Greatest Treasure Is One's Reputation. Therefore, If A Wife Tries To Defame Her Husband, The Husband May Utilize Any Means To Bring His Wife To Court For The Injury Suffered Due To The Wife's Bad Behaviour.

  • Section 506 Of Ipc-The Husband Can Sue The Wife For Allegedly Threatening To Harm Him, His Family, Or His Property. Once More, The Only Thing That Can Support His Case Is Proof Of Criminal Intimidation.


You Must Seek The Advice Of A Knowledgeable Divorce Lawyer Who Could Explain How Domestic Violence May Impact Your Divorce. When You Are Battling An Abuser During The Divorce Process, It Can Be Challenging, So You Want The Best Legal Representation Possible From A Firm That Will Look Out For Both Your And Your Children's Interests.


You Will Need A Lawyer To Prove The Domestic Violence Case And File For Divorce. If You Want To File A Divorce By Proving The Domestic Violence In Gurgaon, A Divorce Lawyer In Gurgaon Can Be Hired And If You Want To File A Divorce By Proving The Domestic Violence In Cuttack, A Divorce Lawyer In Cuttack Can Be Hired. Divorce Lawyers In Delhi Can Be Hired When You Need Assistance In Filing A Divorce By Proving Any Case Of Domestic Violence In Delhi.


You Can Talk To A Lawyer At Lead India Law. At Lead India, You Can Ask Questions To Experts Online For Free And Get Free Legal Advice Online.


Visit Us: — www.leadindia.law

Call Us: +91–8800788535

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