Divorce and related matters

Abhimanyu Soni (Querist) 16 February 2009 This query is : Resolved
Dear All,

My friend 'A' (woman) needs to file for Divorce. It has been more then 3 yrs of her marriage and does not have any child as well. She has been facing mental harassment since two years.
She had expressed her intention about divorce to her husband 'B'and her parents as well. B is not in agreement to give divorce.

Now, B is asking A to transfer all the Fixed deposits to his name. The amount of FD is 12 lacs INR. As of now the FDs are in the name of A and are lying with her father.
Both residing separately at different places and are employed.

Our query:
1. Can we take compel B to give divorce before actually transference FDs.

2. Do A has to bear a huge cost if she files divorce application in court.

3.As, A is in Hyderabad, B is in Bangalore, Parents and mather-in- law (widow) arein Rajasthan. Marriage was solemnized and registered in Rajasthan; where she should file the application for divorce

4. Is there any other way out for A to get rid off B.

5. How much time it takes for a case to come to finalization.

6. What could be the compliaction on the part of A.

Please help us.

Looking forward for your kind revert.

Thanks

Abhimanyu Soni

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ARVIND JAIN (Expert) 16 February 2009
U CANT COMPEL FOR DIVORCE ON FD'S.YES MAY FILE DIVORCE AND IT WILL TAKE ITS OWN TIME. COURT MAY ALLOW YOU COST ALSO.IN MY VIEW IF U R NOT INTERESTED TO REMARRY NO NEED TO FOR DIVORCE.IF B FILE CASE YOU MAY CONTEST.TILL THEN LIVE SEPERATELY .

RAKHI BUDHIRAJA ADVOCATE (Expert) 16 February 2009
I do agre with Mr. Jain. He is absolutely right. Even then u can file a divorce petition(mentioning cruelty as a ground)against ur husband. if there is any dowry demand u can file a complaint with CAW Cell of ur concerned area. U can file the divorce petition where u r residing presently also.For any type of help u can call me at:-09871158578/09711364956

AEJAZ AHMED (Expert) 16 February 2009
DEAR SONI,

I examine your query very carefully; but do not find any serious allegations of your friend against her Husband.

FIRST POINT:-

The only two allegations made by her is :

(1) ' Does not have any child '

(2) ' She has been facing mental harassment since 2 years '

So, the above two allegations, as per me during the beginning period of marriage it is very common in these days in almost all the families, as well very simple to solve on the intervention of well wishers, family elders of both.

Except the above two problems, you are not saying clearly about any dispute, either personal problems, Family dispute, financial dispute OR Extra Martal affiars.

So, from your question, as per me, there are no disputes between both of them except the above Two.

My reply against the above two problems:

(a) NO CHILDREN:

Its a period of only Three(3) Years dear, why she is worrying about children. Its a time to enjoy the Life, might be some force form the parents of both side, but don't don't its serious and don't care about the force. Further more, if they want children, now a days its not a big problem, there are number of Infertility Centers and Doctors, they can approach there, get treatments and live happy marital life.

(b) MENTAL HARASSMENT : No explanation with regard to this problme in your query.

Can you tell me who is harassing her ?

1. Her in-laws ?
They are staying at Rajisthan, far away either from Hyderabad or Banglore.

2. Her Husbad ?
As per your query; Both are residing separately at different places and are employed. He is doing job at Banglore, and she is staying at Hyderabd and doing Job there.

So,
what do you mean by 'Mental harassment' What causing her to mental Harassment.
What are the acts, and mostly who is causing her to Mental Hrassment.

SECOND POINT:-

Further, you are not clear bout the FD'S of 12 Lakhs:

(a) Frome whome she got this 'Money'?
(b) Whether it is given to her, by her Parents as 'Stridhan' in marriage ?
(c) OR, Is the amount made as Fixed deposit by her Husband on her name?
(d) OR, is there any share of her Husband in that amount?

What ever it may be:

But, As per me, it is the "MAIN ISSUE" of "DISPUTE" for both of them.

What she want to do of this 12 Lakh ?

Suppose if she get Divorce from this First Hasban and get Re-marry, can she live happily with the 2nd one, exactly he will also create problems and dispute for this 12 Lakh.

Dear, there is one saying:

"INSAAN JHAGARTA/LADTA HAI SIRF TEEN(3) CHEEZOON KEY LIYE:

ZAN(AURAT/WOMEN),

ZAR (PAISA/RUPEE) and

ZAMEEN(LAND)".

THIRD POINT:-

(a) Why she is staying at 'Hyderabad' when her Husband is doing job and staying at 'Banglore' ?

(b) Why her Husband is staying at Banglore, when his wife is doing Job and staying at hyderabad ?

It is the Period of Three(3) completed like this, living separately for away from each other.

What is there jobs ?
Why can't any one of them get shift and settle at others place?

Further See here:

(a) She is staying at 'HYDERABAD';

(b) Her Husband is at 'BANGLORE';

(C) Her Parents and Mother-in- law "WIDOW" are staying at Rajasthan.

Is this the complete Family, she is staying alone at Hyderabad, why don't she ask either her mother or mother-in-law to join her at Hyderabad ?

Dear friend, as per me, without the elders, and their guidance, the younger generation can't live happily and lead their lives.

so, here, for them there is no meaning of family, they itself living separately far away from each other.

So, ask them to live like a family, husband, wife, elders and have childre.

So, the facts mentioned by You in your query on behalf of your friend is only "ONE SIDED".

You didn't mentioned, what is the reason and basis, or what made her to think about DIVORCE.

From the above facts, Your friend herself is expressed her Intentions about DIVORCE, but its not her hus