Legal Question in Family Law in India
Regarding domestic violence
I am fighting a legal battle.My husband wants a divorce i do not want it. I had filed a case against my inlaws and husband as they were not ready to keep me in their house. In the meantime to counter attack my case they filed for a bail application..which states that if an FIR is lodged against them they should be given a time-period/relaxation of 5 days before an arrest. I do not want a divorce and the mediation in Women cell has failed. I am thinking of filing a case of domestic violence against my mom in-law as she is the main culprit. Can these people be arrested even if they have already taken a bail to get 5 days relaxation before the arrest. Can a case of domestic violence only be filed against my mom in-law. I do not want a divorce at any cost.
1 Answer from Attorneys
Re: Regarding domestic violence
You are entitled to file a case of domestic violence against all those persons who might have commtited violence against you.
If you not at fault, your husband is not likely to get divorce. In India the law does not permit "no fault" divorce meaning thereby the party seeking divorce has to establish fault of opposite party in accordance with law.
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