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Rajendra (Manager)     14 March 2019

Divorce petition by husband

Can a husband file divorce First? For cruelty against wife who is demanding entire house for which 90% is paid by him though she is a co applicant/owner , EMI is paid by husband, wife is very abusive does not cook food, Abuses his parents and family members, the have a child (Son) who is 8 year old, wife also is a working professional (working from home) earnings are more than husband, her mother is constantly interfering , though wife has a separate house in her own name, she is asking for the flat of her husband to be given to her for securing Sons future Is there anything the law can do to protect husband's interest,Can he file for divorce first? Will that be a sensible move to take or should he refrain? Note multiple mediation efforts have taken place, situation improves temporarily and within few months she is back to her antics, Seems she is a greedy person Please advice


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 2 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 March 2019

Husband can file divorce. In your case you can file divorce on the basis of curelty. 

Vijay Raj Mahajan (Advocate)     14 March 2019

Husband should file for divorce and child custody together. No question of giving entire property to wife as she's entitled only to half share in it being co-owner of the flat. No maintenance for wife as she's working rather he should provide maintenance for child and ask half of the maintenance for child to be paid by her.

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