I am divorced. After my divorce one year later I married someone who had 376 case. Judge ordered after marriage then the person was bailed. After marriage for 2 years the person behaved well because the case was not dissmissed. He had to attend the court hearing date. But after dismissal of the case he misbehaved all the time. All the time he used slang and forced me to abort his child thrice. But 3rd time I couldn't so he angrily behaved with me. He pushed me. I have already a 7 year old child. Her education is effected. Tell me what can I do. He does not touch me because I can't abort his baby.
Prima facie all ingredient of cruelty is present in your case. It is unfortunate that you are facing such ordeal time and again , but given your present circumstances you have to decide whether you want to live with your partner or again go for a divorce and ask for a maintenance for yourself and your child . you can think of matrimonial councelling as well , which essentialy to be attended both of you.
You can approach family court for maintainence, judicial separation or divorce. You can also approach criminal court for domestic violence.
Ma’am, your problem is serious. However, your marriage is at a crucial stage and irrespective of your religion (considering procedures involved) taking a divorce could be difficult for you and your child at this point. Before taking any stern legal step such as filing charges under the Domestic Violence (protection of Women) Act it is sincerely advised that you approach a Lok Adalat. These are informal government authorized courts that advice couples and provide counseling. They, through a lot of mandatory sessions, give legal advice and try to repair a wedding without the stress of court proceedings. You are advised to visit such a place and avail their help which are these days located at most places. You may also consult your family elders and take their advice if you are uncomfortable with strangers.
If all this fails, the due legal process for the of divorce acts domestic violence and maintenance for yourself and your child can be initiated.
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