Divorce on the basis of cruelty
anu
(Querist) 24 July 2014
This query is : Resolved
I want to know if a wife wants divorce on the basis of cruelty, harassment (even after proofs) but husband don't want to give divorce what will happen? How much time it takes?
What if in the same case wife don't have any source of income but wants divorce & also the custody of child of 10 years.
Is it true that if any of one (husband or wife) will not agree to give the divorce it will not permitted by court also?
Please Help!!!!!
Nadeem Qureshi
(Expert) 25 July 2014
No. The court has power to passed an order or decree of divorce if the petitioner's proved the case.
If wife is unable to maintain herself and left the house with reasonable cause then she can claim maintenance and alimony from him.
She may file an application for child custody under guardian and wards act or under section 26 of Hindu Marriage Act if both the parties are Hindu.
Feel free to call
Devajyoti Barman
(Expert) 25 July 2014
Imaginary query...
Post query n current facts, not on future prospects.
malipeddi jaggarao
(Expert) 25 July 2014
Agreed with expert Shri Nadeem.
Give full facts as indicated by expert Shri Barman to get a clear answer.
V R SHROFF
(Expert) 25 July 2014
wife will get divorce on the basis of cruelty, harassment on proofs) takes 1-3 years + she gets mtn, residence, can go for sec 24 int mtn pending litigation, ,+sec 26 custody+ crpc 125 mtn , +dv,
ajay sethi
(Expert) 25 July 2014
agree with Mr shroff
anu
(Querist) 25 July 2014
Sorry, but this is not an Imaginary query. Having some confusions related to divorce case that's why asked my queries in short.
I myself wants to take divorce from my husband on the basis of cruelty. We have a very big gap of misunderstandings & the daily violence at home is effecting my child also. Though I have decided to take the divorce in mutual consent, & earlier my husband too agreed with the same. But one of his friend told him not to do the same. So now besides the usual cruelty my husband start threatening me on daily basis that I will not give you divorce till my last breath & will spoil your life in court cases. Now I have a big confusion that if this will happen it will more ruin the life of my child which I don't want in any way.
I am educated & earlier doing job also & since we have a nuclear family so I need to leave my job for the sake of my child (for his care), but my husband don't want to understand this. Earlier we put him in day care (creche) but their he become violent so I decided to leave the job because his care was more important for me. There are VARIOUS MORE reasons also for his cruelty.
Though I am again looking for job & will find the same soon but I just want to confirm if in any case I will not be able to continue my job for long time due to my child care then what financial help can I get from husband after divorce. And how much time will take in this divorce. When will I start getting alimony after getting final divorce or during litigation. Should I file the case after getting my job though it becomes unbearable for me also to listen his abusive language & sometimes manhandling.
I request you all to guide me properly how can I continue in this case!
malipeddi jaggarao
(Expert) 26 July 2014
Expert Mr.Shroff already replied to your related queries.
First of all understand that getting divorce without mutual consent will take its time. While nobody can tell you the time frame it will take minimum 2 to 3 years unless your advocate periodically represent the court about the urgency.
It is not a fact that you can not get divorce unless he gives consent. YOu can file case for divorce on the basis of cruelty and harassment. You should have sufficient evidence to prove the cruelty and harassment.
You and your child gets maintenance, right to live in matrimonial house.
Maintenance can be awarded during the pending of the divorce petition. The quantum depends upon case to case.
You can ask custody of child. Normally court grants custody of the child to mother with granting visitation rights to father if so desires.
You can file a separate criminal case on the basis of domestic violance.
But for all these, you should engage a local advocate who is good at Family Law. It may take its own time - you should mentally prepare that at least it will take 3 years time to grant divorce.
As it is nuclear family, living in the same house with your husband when you file divorce petition is difficult. The residence is rented or own? If own, in whose name the property is.
What is the age of your child?
Can't you patch-up with your husband? What is the main reason? You said it is nuclear family, so there is no problem with in-laws both sides. Then what is the problem. If it is ego clash, try to reconcile. Love and affection is very important in human relations. If the person feels that he is neglected and not getting the affection as expected, he/she will be lead by frustration. Frustration turns into anger. Anger takes shape in vulgar language and violation. Find out the root cause. Nobody is born bad. Being the life partner, after having a child out of the marriage, though you are suffering, why can't you think in a different angle stepping into his shoes and find out the route cause? What do you do by obtaining divorce? You will be single parent. How the child will feel in future? By your act, he will loose his father's affection. You and your child will be differentiated in the society. You will be without partner through out your life. If you wish to remarry, will you get a better husband? That too with the stinct of divorcee on your face and with a child. Looking into your emotional feelings attached to your child, you will not leave him finding alternative arrangement and go for remarriage.
If the problem is only giving-up your job, find out a suitable alternative to take care of child. If he so wishes, join in a job though this would cause some inconvenience to your child. This inconvenience is very small when you compare with the future embrassments you and your child will face if you go for divorce. Right from now, show affection - change your attitude leaving apart who is right and who is wrong - discuss with your husband and find out the route cause. Find solution to that route cause. As I already told, no one is born bad and nothing is impossible.
However, this is to divert you from course of action. You are the right person as you are the sufferer and person on the spot. We can only analyse and put before you the pros and cons of your line of action.
K.K.Ganguly
(Expert) 26 July 2014
1. You can get maintenance from your husband for you and your son which may be one third of his earnings, even if you file a divorce case against him,
2. The Court will decide on the issue based on the evidence submitted by you,
3. It is not a fact that wives will not get divorce if the husbands do not agree for it.
T. Kalaiselvan, Advocate
(Expert) 27 July 2014
The experts above have properly advised and opined about all the issues raised. Nothing more to add.
