When Does Domestic Violence Become a Ground for Divorce?

Marriage in India is not merely a fits together of two souls but a solemnized relationship under the law that is framed under personal laws. But with abuse in a marriage, the dream of companionship and trust is destroyed. Domestic violence is one of the most common factors that lead to divorce among spouses especially women in India. So at what point does it become legally recognised as grounds of divorce when best domestic violence in India is involved?

The Protection Women against Domestic Violence Act (PWDVA), 2005 has defined domestic violence in a broad way. It covers not only physical but also emotional, sexual and economical abuse. The Act entitles the victims to protection, maintenance, what they can and cannot reside in, and compensation. But does not give divorce directly. The granting of divorce is done under religious provisions like the Hindu Marriage Act, 1955, Special Marriage Act, 1954, Muslim personal law or Christian Marriage Act, 1872.

Here, the term of cruelty plays the key role. The Indian courts accredit global violence in marriage as a kind of cruelty- a valid reason to file divorce.

cruelty The husband has been found guilty of cruelty by the court-under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The term is not limited to physical injury but also covers any kind of behaviour that either makes life unsafe or unreasonable to continue to live with the other spouse.

A divorce on the basis of domestic violence takes place when:

Economic Abuse Occurs

Insistence on dowry and the subsequent harassment are also an example of cruelty and many people can seek divorce on this basis.

The co-relationship of domestic violence and cruelty has ceaselessly been given a clarification by Indian courts. For instance:

Therefore, the court perceives domestic violence of whatever nature in the kind that it gives the reason to call off a marriage.

In order to apply domestic violence grounds of divorce, the victim has to provide credible evidence:

The procedure becomes much easier when assisted through a professional lawyer as the evidence gathering and presentation is a vital part of persuading the court.

In India, acts of domestic violence can be used as a reason on divorce (underground cruelty) in the case of cruelty, either physical, emotional, sexual, or economic. Courts define cruelty broadly, and no need to always see visible scars. The victims are entitled to divorce in search of safety, dignity and freedom.

Amid these situations, any person should seek the advice of a best lawyer in India.  With the help of the proper legal counseling, one can finally move on to having an abuse-free life.