Law4u - Made in India

Can domestic violence be grounds for divorce or legal separation?

23-Feb-2024
Domestic Violence

Answer By law4u team

Yes, domestic violence can be grounds for divorce or legal separation in India. The legal provisions for divorce and legal separation vary depending on personal laws governing marriage and family matters, such as the Hindu Marriage Act, 1955, the Muslim Personal Law (Shariat) Application Act, 1937, the Special Marriage Act, 1954, and others. While these laws have their specific provisions, domestic violence is generally recognized as a valid ground for seeking divorce or legal separation under various legal frameworks. Here's how domestic violence may be considered grounds for divorce or legal separation: Cruelty as Grounds for Divorce: Many personal laws in India recognize cruelty as a valid ground for divorce. Domestic violence, including physical, emotional, verbal, or psychological abuse inflicted by one spouse on the other, can constitute cruelty under the law. Cruelty refers to conduct that is of such a nature as to cause mental or physical suffering to the spouse, making it intolerable to continue living together. Protection of Women from Domestic Violence Act, 2005 (PWDVA): The PWDVA provides legal protection and remedies to victims of domestic violence, including married women. Under the PWDVA, a victim of domestic violence can seek various reliefs, including protection orders, residence orders, monetary relief, custody of children, and compensation. While the PWDVA does not directly provide for divorce, it can be used as evidence of domestic violence in divorce proceedings under other laws. Other Legal Provisions: Apart from cruelty, some personal laws also recognize other grounds for divorce or legal separation that may be relevant in cases of domestic violence. For example, the Special Marriage Act, 1954, provides for divorce on grounds of adultery, desertion, conversion to another religion, unsoundness of mind, and venereal disease in a communicable form. Legal Separation: In addition to divorce, victims of domestic violence may seek legal separation from their spouse as an alternative to divorce. Legal separation allows spouses to live separately while remaining legally married. Grounds for legal separation may be similar to those for divorce, including cruelty and domestic violence. In any case involving domestic violence, it is crucial for the victim to document evidence of abuse, such as medical records, police reports, witness statements, and other relevant documentation. Consulting with a qualified family law attorney is advisable to understand the legal options available and navigate the process of seeking divorce or legal separation based on domestic violence grounds. Additionally, victims may also seek support from counseling services, support groups, and domestic violence shelters for assistance and protection.

Domestic Violence Verified Advocates

Get expert legal advice instantly.

Advocate Bajrang Singh Charan

Advocate Bajrang Singh Charan

Civil, Criminal, Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Corporate, Court Marriage, Domestic Violence, Family, High Court, Insurance, Labour & Service, Motor Accident, Property, R.T.I, Recovery, Tax, Wills Trusts, Revenue, Supreme Court

Get Advice
Advocate Dayal Wasnik

Advocate Dayal Wasnik

Anticipatory Bail, Arbitration, Cheque Bounce, Banking & Finance, Child Custody, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Property, R.T.I, Supreme Court, Recovery

Get Advice
Advocate Js Bagga

Advocate Js Bagga

Anticipatory Bail, Banking & Finance, Cheque Bounce, Divorce, Family, Domestic Violence, Motor Accident, Insurance, Succession Certificate

Get Advice
Advocate Deepesh Dangi

Advocate Deepesh Dangi

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Motor Accident, Property, R.T.I, RERA, Succession Certificate, Wills Trusts

Get Advice
Advocate Abdul Azeez

Advocate Abdul Azeez

Anticipatory Bail, Arbitration, Breach of Contract, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Family, Domestic Violence, GST, Divorce, Cyber Crime, Criminal, Customs & Central Excise, Landlord & Tenant, R.T.I, Property, Motor Accident, Recovery, RERA, Succession Certificate, Tax

Get Advice
Advocate Anoushka Trivedi

Advocate Anoushka Trivedi

Anticipatory Bail, Breach of Contract, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Trademark & Copyright

Get Advice
Advocate K Rajkumar

Advocate K Rajkumar

Civil, Criminal, Divorce, Domestic Violence, Family, Motor Accident, Property, Child Custody, Banking & Finance, Breach of Contract, Cyber Crime, Insurance, Labour & Service, High Court, Anticipatory Bail, Bankruptcy & Insolvency, Court Marriage, Corporate, Muslim Law, Landlord & Tenant, Documentation

Get Advice
Advocate Rakesh Kumar Saini

Advocate Rakesh Kumar Saini

Court Marriage, Criminal, Family, High Court, Insurance, Banking & Finance, Breach of Contract, Corporate, Cyber Crime, Domestic Violence, Divorce, Anticipatory Bail, Motor Accident, Muslim Law

Get Advice
Advocate Prabhat Chaudhary

Advocate Prabhat Chaudhary

High Court, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Divorce, Documentation, Cyber Crime, Domestic Violence, Family, Immigration, Property, R.T.I, Recovery, Patent, Motor Accident, Muslim Law, Media and Entertainment, Medical Negligence, Succession Certificate, Trademark & Copyright, Wills Trusts, Supreme Court, Tax, Revenue, Insurance, International Law, Landlord & Tenant, Labour & Service, Banking & Finance, Bankruptcy & Insolvency, GST, NCLT, RERA, Startup

Get Advice
Advocate Aalekh Shah Maravi

Advocate Aalekh Shah Maravi

Anticipatory Bail, Breach of Contract, Court Marriage, Customs & Central Excise, Criminal, Divorce, High Court, Family, Domestic Violence, Media and Entertainment, Muslim Law, Civil, R.T.I

Get Advice

Domestic Violence Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.