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Monika (Homemaker)     25 April 2009

Divorce

Hi, Could you pls advice on my legal rights.



Learning

 15 Replies

n.k.sarin (advocate)     26 April 2009

Monica, no doubt your problem is a serious one. Frist of all You must approach to your in laws and through them try to pressurise your husband for earning.If they do not coperate you must try to become independent for your need. you have a legal right for separatly living in your husband,s   house and your husband is legally liable to maintain you and your doughter with respect. your problem is not a legal one, it is a social one. Try to get solution socialy. Divorce is not a solution of your problem.If there are other such circumstances in which you feel that your living is not possible  with your husband then you may proceed.Door of court is open for every body.

1 Like

Monika (Homemaker)     26 April 2009

Thanks so much for your reply. I have been talking to my in laws since 2 years, but they have a very orthodox approach towards it. They just want me 2 believe in god & be patient. They are not at all being supportive of my working. N neither they are pressurising their son to work. N on the top of all, they say all wrong things about me, and not their son.

Actually, my husband is taking care of all my petty expenses, by asking from his parents. But i m scared about till when my laws are going to support me and my daughter. What would happen in case something wrong goes to my in laws.

Monika (Homemaker)     27 April 2009

Thanks so much Sir, for your reply. I have a few doubts in my mind. First, in case of a divorce, who is liable to pay alimony to me. Is it my Husband, or my Father in law? I mean does a daughter in law have a share in father in law's property, when Husband is not earning? Secondly, if I want to stay separately in 1 house with my husband, then can i b forced to fulfill my responsibilities towards my Husband and Home? Actually, i m very concerned about my and mine daughter's future security. I can't see any hope regarding my husband's earning. So I want to be financially independent, as well as I want some assured shelter for me & my daughter. That's why i am concerned with my right in my father in law's only property ie house we all are living in.

N.K.Assumi (Advocate)     29 April 2009

I have seen many such types of family with husband like yours, including my own niece. Divorce is the best solutions in such situations and start a new life before it is too late. Cruelity as a ground of divorce can be taken.

1 Like

Monika (Homemaker)     30 April 2009

Thanks so much for your reply. I m very confused and shattered. My in-laws are being really smart with me, and my husband doesnt have any value of me in his mind. Can anything be done on the ground that my in-laws cheated with me, they hide their son's unemployment before marriage. On the top of all, they are not admitting in uptil now. They are trying to create a picture in my mind that their son is trying for work. But actually he s not.

Is there no law to protect a gal from cheating? My father spend all he had for my marriage, and in turn i got among these cheaters, with a gal child with me. My father in law is a very reputed social figure. Still he's exploiting a girl's life in his household. Please help me.

Monika (Homemaker)     30 April 2009

I just want 2 know that in event of a worse case ie divorce, will i be able 2 get a shelter 4 me or not? I m askin this question bcoz i m doubtful about it, as only husband is liable 2 pay as per law. And my husband doesnt earns. I just want my security.

debasish (Business)     03 May 2009

I am upset after going through her post. I do not know why people suffer like me when we want to settle it?

INGLE G.[ADVOCATE]9421657505 (lawyer)     09 May 2009

monica aprt from judicial advice i would like to advise u,u both sit together  asked him what he want to do [bahut bar aisa hota hain situation itni critical ho jati hain ki aadmi ki soch kam pad jati hain tab aap hi unka final moral supporter hona chahiye n dont tell him aap kuch nahi karte as per his qualification or his ability unko inspire karo aur EK BAAT HAMESHA DHYAN RAKHO WAQUT SE PAHLE AUR NASEEB SE JYADA INSAN KO KUCH NAHI MILTA. unkobhi lagtahoga kuch karna chahiye hosakta hain unko o platform abhi mila na ho.aap unki ummid ko moral support karo aapkao job miljayingi yesa bolo aur unko frustration se bahar nikalo this is first think.aur manse ye nikal dalo unko job nahi.kyonki ye aap manme karogi to aapke husband double frustretion me jayenge.agar aapke pass qualification ho to aap lead karo hosakta hain aapko saflta mile then waqt ke sath dono aage jayenge.aur ye issu aap apne famili ke sath tak simit rakho use publicly mat karo. DEFINETLY ACHH HOGA RESULT.

Venkat Rao P (Audit Manager)     17 June 2010

I WOULD LIKE TO ASK YOU A QUESTION TO THE PANEL OF LAWYERS.  MY QUESTION IS UNDER SEC.25 OF HINDU MARRIAGE ACT. WHEN THE COURT GRANTED DIVORCE U/sec. 13.  WHETHER THE COURT HAVE THE POWER TO GRANT  BOTH i.e. PERMANENT ALIMONY AND MONTHLY MAINTENANCE. U/SEC.25

PLEASE REPLY

Arup (UNEMPLOYED)     17 June 2010

mr rao,

sec 24 covers the period the divorce proceedings going on;

sec 25 covers the portion - after divorce.

when one apply for sec 13 for divorce or judicial seperation or rcr u/s 9 of hma, and in need of maintenance he/she has to apply u/s 24 alongwith or after sec 13. before the end the party has to apply u/s 25 for maintenance.

sec 13 & 24 may go simulteneously but after receiving the petition u/s 24 , judge has to decide it, at earliest possibility.

Arup (UNEMPLOYED)     17 June 2010

smt monika,

"Can anything be done on the ground that my in-laws cheated with me, they hide their son's unemployment before marriage"   this provides you a ground u/s 12 of hma.

i have gone through your postings. i feel - you are still in love with your husband, your only problem is your husband not earning at per your satisfection.

i am in doubt that how your father do not check about his would be son in laws source of income? is your father in law really cheated you or you lying?

it will take just a minute to ruine your family, but to build up the same one will take years together.

YOU HAVE A DAUGHTER ALSO. NOBODY WILL TAKE CARE OF HER AS HER FATHER IS.

BOOST UP THE HUSBAND FOR BETTER EARNING IS GOOD; BUT SIMULTENEOUSLY KEEP IT IN MIND THAT HE SHOULD NOT BE MENTALLY TORTURED.

 


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