Divorce from Husband

Querist : Anonymous (Querist) 07 July 2011 This query is : Resolved

Dear Sir,

This is regarding a girl of 23 years who was living me for almost many years who is now married with two children. Her husband has been harassing her both physically and mentally. She has no right to raise her voice as her husband mentions that she is his wife and he can do anything to her. We have been their guardian from the time she was with us as her father was an alcoholic and used to survive on children's income.

She does not want to live with him. Tell us as guardians can we fight with her for divorce. The husband also mentions that he wants the child and is in a position to take care of hime all by himself whitout the mother's care. The child is 2 & 1/2 years.

Kindly reply back

Regards

Vanilla Reddy

Kindly get

Follow Query

Report Abuse

A V Vishal (Expert) 07 July 2011
You can guide her but cannot move the court seeking her divorce, since the matter is a matrimonial dispute and involves family matters and she can only approach the court for divorce and as well as custodial rights of the child. As you have mentioned that the child is 2 & 1/2 years, the court will grant custody only to the mother.

Guest (Expert) 07 July 2011
Only wife can file for divorce or maintenance case or custodial rights of the child against husband.

PALNITKAR V.V. (Expert) 07 July 2011
The girl is major. You can not be legal guardian of the girl. the girl is capable to take her own decisions. May be that she requires your help. If she is willing, you may help her. But you can not directly file any proceeding like divorce on her behalf. But if the girl complains of unlawful detention by husband that amounts to any offence, you may file a writ of habeas corpus as next friend provided that you are sure that the girl supports you.

Sachin Bhatia (Expert) 07 July 2011
First try to resolve the matter amicably with the help of elders. If the dispute still continues then approach to the court.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries