Wife seeking divorce
Rajesh
(Querist) 01 June 2015
This query is : Resolved
There is case of husband's cruelty on wife in Indore. Marriage is 20 years old and couple has one daughter, she is major.
Husband has been contentiously torturing wife by abusing, physical assault and threatens her. Wife has decided to stay alone with her daughter at Nagpur with her parents. Husband is refusing to give one time settlement amount / monthly maintenance to her.
Questions
1. Can she fight case from her parents home which is in Nagpur and her husband is in different state at Indore. Whether she needs to travel frequently to Indore to fight case?
2. Is it necessary to lodge any police complaint or she can directly send notice for divorce to husband? If yes, can she file complaint at Nagpur?
3. What is required as proof of marriage if marriage certificate is not there?
4. Can she ask for interest on amount she will have to borrow from her relatives for her initial set up, pending receipt of claim from husband?
SAINATH DEVALLA
(Expert) 01 June 2015
Since how many years they are living separately?Why didn't she legally claim maintenance from him all these day's?He can't escape maintenance to his daughter.
As she is living in her parental home in Nagpur,she can file the divorce petition there itself.
But U have failed to brief as to why he was behaving in such a manner all these years?
Guest
(Expert) 01 June 2015
Mr. Rajesh,
In what way you are concerned with the problem of husband and wife?
Rajesh
(Querist) 01 June 2015
Mr. Sainath Devalia, Thanks a lot for your response. Further to your questions....
She has started living under parental support very recently i.e. 3 months.
You have mentioned he cant escape maintenance to his daughter. What about his wife?
He was behaving in such manner due to
i) Dominance approach over wife
ii) Pressure to get financial favours from her family
Rajesh
(Querist) 01 June 2015
Mr. P S Dhingra,
Lady is in my close family group. I am seeking advice to protect her interests.
SAINATH DEVALLA
(Expert) 01 June 2015
Separated only 3 months back,she can file DV case against him and also file for divorce for cruelty towards her and the daughter.
Guest
(Expert) 01 June 2015
Is there no scope of your positive role towards reconciliation between the husband and wife, as once relations are severed, life can become hell for the wife and daughter? During trial of divorce, even the court may prefer conciliation process.
However, if not interested in their patch up, you can very well follow the advice of Shri Sainath Devalla. But, mere separation of 3 months may not help in getting divorce.
SAINATH DEVALLA
(Expert) 01 June 2015
At the outset the querist didn't come out with correct facts.Though a bad husband proper mediation and counselling can save the marriage at least for the sake of their grown up daughter.
