Apni Law Staff asked 2 months ago
My sister is going through a tough time. Her husband and in-laws have been abusive, and we’ve already filed a complaint and they attended counseling. But now they’re avoiding further sessions. Everyone is urging us to file a case and get them arrested. My sister doesn’t want a divorce, she just wants them to learn a lesson. But we’re worried about the future.
1. If we file a Domestic Violence case, will that stop him from filing for divorce? How would that process work?
2. If we wait for the next counseling session, can he still file for divorce on the grounds of desertion? How can we protect her and our niece’s future for the next ten years?
Best Answer
Apni Law Staff answered 2 months ago
Filing a Domestic Violence case will not automatically stop the husband from filing for divorce. However, the case will be a factor in any divorce proceedings, potentially affecting custody, visitation, and alimony. If your sister continues to refuse counseling, her husband may have grounds for a divorce based on desertion. To protect your sister and niece, consider seeking legal advice to understand all options and ensure proper documentation of the abuse and counseling attempts.
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