• Domestic violence vs cruelty

Hello Everyone,
Before starting  with  I want to apology if the note eats a bit long of your valuable time.
I did registry marriage on 2nd October,2013, whereas I started living with my husband since 20th January, 2014(Social marrigae date)  untill I left his rented house on 1st January 2015. 
Here I would like to describe the bitter phase I had very after the first night of marriage.

On day of social marriage his parent and all relative had started scolding my mom in front of everyone for poor arragment where my parent did their best for the occasion.

In next couple of days I digested lot of mental and emotional abbusement form in laws.
 We moved to a rented flat (not describing the  unhealthy ambience) and it started…..

Each and every day he use to insult me and my parent on every silly topic.

I could not sleep in night for his snoring but I had been advised that there is no need to see doctor as its my way out to get sleep. I started sleep on the floor as it was one bed room flat.

His hobby was farting on my face while I am having my meal.

He always ask for the medical bill for reimbursement from his office but I had to pay the bill all time from my tuition fee or parent.

Due to lie down on the floor I got fever but still had to cook as its my duty.

He never paid for any thing other than the food.

I was physically and mentally abused hell lot of time.

After two weeks of marriage he had a Paraphimosis surgery  and  in 11 months he was  incapable of performing intercourse.

Finally he took me for honeymoon along with his two brother after 9 months of marriage and he returned one day earlier kept me with two other guys..

That was last and I decided to leave the house .

I know it was too long but wanted to let you guys feel my pain.

I met two advocates but they are still confuse about the ground of case filling.
 Please suggest  me know what will the appropriate ground to get divorce ASAP.

Domestic violence or Cruelty or Naliti???
Asked 3 years ago in Family Law from United States
Religion: Hindu
1. If the marriage between you two is not consummated then you can file suit for nullity of marriage.
2. Since sometimes consummation or none of it is very hard to prove alternatively you can file suit for divorce.
3. The suit for divorce will be filed on the ground of mental an physical cruelty that you have to endure so far.
4. it is a case of domestic violence as well for which you can file such case as well in which you can pray for maintenance also.
I am not sure why the consulting advocates are so confused on this issue.
Devajyoti Barman
Advocate, Kolkata
12828 Answers
166 Consultations

5.0 on 5.0

1. The conduct of your husband is the pinnacle of domestic abuse which can be inflicted on woman in her matrimonial home.

2. If you wish to end your marriage you can file for divorce on the basis of cruelty. This is the only ground on which you seek divorce.

3. You may also file a case for domestic violence to claim heavy compensation for the abuse suffered by you at the hands of your husband. This apart, you may also sue your husband for financial support by filing a case for maintenance.

Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) file for divorce on grounds of mental cruelty 

2) farting in face while you are having meal amines to mental cruelty 

3) refuse to maintain wife amounts to mental cruelty 

4) refusal to have sex amounts to mental cruelty 

5) leaving wife alone on honeymoon with 2 guys amount to mental cruelty 
Ajay Sethi
Advocate, Mumbai
45507 Answers
2675 Consultations

5.0 on 5.0

There is o question of nullity in your case.  The marriage cannot be nullified for the reasons stated in your above contents. 
You have been meted out with cruelties alone since he date of your marriage (social), so you have strong grounds for filing a divorce case on the grounds of cruelty.
Filing a case under the provisions of Domestic violence act will be for the reliefs  you may aspire for, for ex., protection, residential rights, maintenance amount etc. 
If you are employed, you may not be able to claim maintenance but again it depends on the quantum of his income or other sources of income commensurate  with his social status.
T Kalaiselvan
Advocate, Vellore
35665 Answers
387 Consultations

5.0 on 5.0

1. It seems that you two did not gel at all and its a bad marriage,

2. Negotiate with him and ask him to agree for mutual consent divorce which will be faster and hassle free,

3. If he does not agree, then file a police complaint against him and his parents and other family members u/s498A for which all of them shsll have to take bail and force your husband to agree to sign the MCD petition which is required to be jointly signed by both of you,

4. After that file a DV case seeking maintenance and separate residential accommodation, 

5. If he still does not relent, file a divorce case on the ground of cruelty,

6. If he agrees to sign MCD petition show that you are living separately for more than one year. 
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

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