Can my husband get a divorce based on cruelty accusations?
My husband has kicked me out of the house. We had a fight on November 13th, which turned physical. He pulled my hair and pushed me so hard that I fell, and since one of my eyes has amblyopia, I couldn’t see. In self-defense, I used my nails to protect myself, but he did a medical examination and filed a police complaint against me. I also have a written note from him in 2022, where he promised not to hit me, with his signature. After that, we lived together happily for 15 days. Now, he wants a divorce, but I don’t want one. Will he be granted a divorce based on cruelty, and how much time will it take?
Your husband may file for divorce on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955, but you can contest it, especially since you have evidence of past abuse. Divorce proceedings can take several months to years, depending on court backlog and whether it's contested.
In Indian law, a single incident of physical violence in self-defense typically doesn't constitute cruelty for divorce, especially with your evidence of his previous violent behavior and written admission. Your husband cannot force a divorce based on this incident since you have proof of your self-defense and his prior aggression - you should file a domestic violence complaint and consult a lawyer immediately to protect your rights. The divorce process in contested cases can take 2-3 years on average, and courts generally encourage reconciliation, especially if one party doesn't want divorce.
Ma’am, firstly you should talk to a family lawyer as soon as possible to understand your rights. If your husband wants a divorce because of cruelty then your side of the story including the self-defense and the written note can be used in your defense. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
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