Legal Advice

Husband has physically assaulted me on multiple occasions

Question: I got married in May 2023, and my concern is that he has caused me mental trauma throughout these months. Recently, he shared my entire WhatsApp conversation with a close friend and is now using it to accuse me of wrongdoing. Despite being my husband, he has been physically aggressive on multiple occasions. How should I proceed in this situation?

Advise

Your husband has been committing an offence because he has physically assaulted you on multiple occasions. His repeated acts of physical assault constitute a serious offence under the Domestic Violence Act and the Indian Penal Code. Such an act has undoubtedly caused significant distress in your short marital relationship. 

Your first step should be to determine whether you wish to salvage the marriage. If so, involving elders from both families to mediate the ongoing conflict between you and your husband. It could help in not alleviating the situation and potentially address his aggressive behaviour.

Alternatively, you have the option to file a complaint against your husband under Section 12 of the Domestic Violence Act 2005 to seek protection and residence orders. The court has the authority to prohibit your husband from entering certain areas of your shared household (marital home) and from engaging in any further physical violence against you.

If you are not inclined to preserve the marriage, you can initiate divorce proceedings against your husband on the grounds of cruelty. While typically divorce cannot be filed within the first year of marriage, exceptions may be made in cases where the cruelty poses a threat to life and limb. It is advisable not to rush into filing for divorce, especially if there is potentially an opportunity for your husband to reform his behaviour. However, if your safety and well-being are at risk, do not hesitate to seek legal remedies available under the Domestic Violence Act.

Shivendra Pratap Singh

Advocate

High Court Lucknow