Divorce
Mihir Pandya
(Querist) 01 February 2014
This query is : Resolved
Dear Sir/Madam,
The matter relates to a girl who got married in Dec 2010. Within few months we came to know about things not being good between herself and her mother in-law. Other member of her in-laws accepted her mother-in-laws awkward and unaccommodating nature and advised the couple to live in a different rental place. Thereafter Things were good until 6 months back when she called us home. We came to know that over a petty issue an argument had taken place between her and her husband. Her husband had also hit her in rage. We confronted her husband and he apologized for the mistake and subsequently the girl and her husband reconciled. A complaint was not registered with the police keeping in mind the peace, happiness and future of the girl.
Subsequently around a month back on another argument the situation again spiraled out of control and she was threatened to be thrashed by her husband. This time she decided to separate from her husband.
Now we intend to file a divorce from her husband and seek review on few points below.
1. Can we seek divorce on ground of violence on part of husband?
2. Can the girl claim alimoney / maintenance. (The girl is working and whereas the husband has no regular income (share trading)). Now the girl is in her brothers home, who has limited income and lives in rental apart whereas the husband has moved back with his parents who own 2 properties and well to do.
3. What will be the legal expense for the divorce procedure?
ajay sethi
(Expert) 01 February 2014
if husband physically assaults his wife wife can seek protection order under Dv act against her husband . she need not file for divorce . she can seek right to stay in matrimonal home or laternative accomodation .
if wife wants dicvorce she can file for divorce . if wife is working she may not get maintenance . she can claim alimony . costs of divorce proceedings would depend upon lawyer you engage .
Rajendra K Goyal
(Expert) 01 February 2014
Each and every couple have arguments and heated conversation. Wife is earning and may be having ego or may be the husband not having regular income and may be behaving under depression. Separation or divorce is not the solution. Both should avail the services of marriage center or help of common friends,relatives for reconciliation.
If no other alternate left but divorce, better explore the possibility for Mutual Consent divorce.
She can not have ownership / share in property of the parents of husband. She may claim alternate accommodation and the fact would be decided on merits. In the given facts any maintenance would be awarded is doubtful.
Devajyoti Barman
(Expert) 01 February 2014
1, Yes, she can.
2. No under Divorce law but can claim under PWDV Act.
3. Fees varies from state to state.
