Precautions to be taken as husband before divorce?
Ankit
(Querist) 17 January 2016
This query is : Resolved
I have got a situation of my dearest friend who just got married 1 month back & had gone out of India (to country where he is working on contract & to countries nearby), for honeymoon, with his dear wife. It is an arranged marriage. Except bride & groom, all the family members stay back in India.
Girl has not been understanding & has rather been stubborn on her way of leading life instead of being responsible after getting married, which is expected by bride as well as groom, to start building relation.
There were disputes raised between the parents of my friend & his wife, due to rituals which needs to be followed after marriage on first festivals for 1 year after married life of the children, in which bride's parents have to gift 4 Pair of Clothes, sweets & sindoor. The same were already well informed by groom's parents to bride's elderly before the marriage & were also reminded after marriage.
These disputes led to the fact that girl came back from mid honeymoon period leaving the husband, and directly went back to her parents, which was considered by bride & his family, as an immature decision by the young girl.
But then, soon it was then identified that bride's father & mother had been unnecessarily alleging my friend's family on phone, for dowry and mental torture, which was shocking. It has been clear now that the prime motto of bride's family is to dominate groom & groom family or threaten financial implications by filing divorce FIR.
Now since things have gone even more worse & have proven to be eyeopener, I would like to get advice on how I can help my friend save his financial impact in case of divorce, which in current situation seems unavoidable.
(1) Which precautions should he take to safegaurd his property?
(2) Which Legal Rights can be in his favour if he lodges FIR before bride's family files the same?
(3) Can he transfer all his property to his own parents without any sale consideration?
(4) I have read about Sec 14 of Marriage Act, which denies divorce before 6 months?
(5) Which all claims can be made by wife after marriage of 1 month as right on property?
(6) Does it always have impact only on husband financially as well as mentally & there are no rights for husband getting / seeking divorced?
Kindly address these queries..
Ankit
(Querist) 17 January 2016
Kindly provide help on above queries..
Rajendra K Goyal
(Expert) 18 January 2016
(1) He should try for amicable settlement / try to save marriage.
(2) FIR from husband, on what grounds?
(3) Will not make any difference.
(4) Divorce can not be filed within one year of marriage.
(5) Wife has no claim in the property of husband, she can demand maintenance.
(6) Impact is as per law, it may be favoring women.
krishna mohan
(Expert) 18 January 2016
Misunderstanding on rituals appears to be the reason. A good mediation or advise by elders can resolve the issue
Ankit
(Querist) 19 January 2016
Thanks Mohan & Jurkyan...
Hi Devajyoti, As mentioned, he is my closest friend and he couldn't share this issue with relatives so he is expecting my help as additional hand.
Ankit
(Querist) 19 January 2016
Special Thanks to Mr. Goyal, but I have queries on your replies..
(2) If husband & family are already aware that bride's parents are going to lodge a false 498A, then cant they take any proactive action & inform police? Or they will have to wait till they get into this cognizable & non-bailable section?
(3) & (5) I had read that in such case. son should forfeit his rights on property on the name of parents or parents should disown son from their property, so that financial implications due to such fraudulent marriage claims can be minimized.
As understood from you, wife does not have any right on husband's property, so if you can quote a case law / section, that will be a great help.
Moreover, in such case on what grounds is /how is maintenance / settlement amount finalized in case of divorce?
Thanking you in advance for throwing some light & addressing the doubts
SAINATH DEVALLA
(Expert) 19 January 2016
The title of the query is quite rediculous,for a marriage which is just one month old.The querist on behalf of the husband is presuming too many things to happen.
Guest
(Expert) 19 January 2016
Ask your dearest friend, who seems to have been fed up with his marriage within merely one month of marriage, to consult some local lawyer for proper guidance.
K.S.Srinivas
(Expert) 29 January 2016
Yes. Consult a lawyer to get answers and guidance for your questions.
