Divorce

Querist : Anonymous (Querist) 05 January 2018 This query is : Resolved
In my family my Bhabhi wants divorce after 30 years of Marriage
No reason is being given - Her allegation is her husbands drinks a lot and beats her regularly - which is not true as we live in Joint Family
Also the children are grown up and stay in USA - All the expenses of their studies were done by her husband only
The children are having independent lives in USA
My brother has does not want to divorce at this stage of life
My Bhabhi is now asking for divorce by Mutal consent and large amount of alimony which her husband cannot pay - Now what are leagal options avalible to prevent the marriage

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Vijay Raj Mahajan (Expert) 05 January 2018
The husband can refuse for divorce by mutual consent and without both parties agreeing for it the divorce by mutual consent can not done by one party to marriage.
The wife has option of filling divorce on the ground of cruelty that the husband can defend and to prove all acts of cruelty is on the petitioner/wife. Merely the husband drinks will not be sufficient ground to be considered as act of cruelty. The Courts have decided the drinking habit is not act of cruelty by itself which will be enough to dissolve the marriage.
The wife will not be able to get divorce herself unless the husband agrees for which if she so claims is so easy to get.