Divorce- (female)
Rajeev
(Querist) 29 June 2012
This query is : Resolved
My Female relative want to take divorce from her husband. Please help
1.She has no money to bear the court & lawers fee expenses. So is it possible that she can claim all the legal expenses from her husband before start the case? Clarify please.
2. Now she want that her husband will give at least Maintaince charge for herself and her baby. Is it possible, if yes then how explain. Her husband is doing job and getting salary of approx. 40 thousand.
3.If she want to take divorce then how much time it will take
4.What will take the charge of baby? Either her Husband or her( My relative)
5.Will she get a part of their property? Because all the property is ancestral and not self earned by her husband or her inlaws. Property is on the name of all brothers of her father in law including father in law.
6. If she gets divorce from her court how much compensation she will get from there.
ajay sethi
(Expert) 29 June 2012
she can make claim in petition for legal exepnses . but she cnanotget any money before filing of case
she can make claim for maintenance for herself and the baby
if husband refuses to give divorce it may take years if you are in mumbai
she can get custody of the child . husband will get visitation rights
compensation she can claim under DV act. amount of comepnsation depends upon facts of the case .
Shonee Kapoor
(Expert) 29 June 2012
1. No. She can claim during litigation only
2. She can file a petition u/s 24 HMA alongwith divorce. She can also file CrPC 125 for maintenance.
3. Your guess is as good as mine.
4. It would be decided as per the welfare of the child. The child would remain in the custody of the party who has it, if the other party doesnot claim otherwise.
5. Not as per existing law.
6. This would be the discretion of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 29 June 2012
1. No. She can claim during litigation only
2. She can file a petition u/s 24 HMA alongwith divorce. She can also file CrPC 125 for maintenance.
3. Your guess is as good as mine.
4. It would be decided as per the welfare of the child. The child would remain in the custody of the party who has it, if the other party doesnot claim otherwise.
5. Not as per existing law.
6. This would be the discretion of the court.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Sankaranarayanan
(Expert) 29 June 2012
my learned friends are advised well . no more details is need to add.
Rajeev
(Querist) 29 June 2012
Thanks a lot all of you but please clarify the below mention point.
All the property of her husband is ancestral not self earned by her husband or her inlaws. Now If she (my relative) get divorce, will she able to get share of their property?
Be noted that her Father in law are 4 brothers but property is not divided yet.
SAINATH DEVALLA
(Expert) 29 June 2012
Nothing specific to add than what has been stated by the above experts.Don't dream about ancestral property right now,Mr.Rajeev
Rajeev
(Querist) 30 June 2012
First of all thanks a lot all of you for your valuable advise.
regards
V R SHROFF
(Expert) 15 July 2012
Can avail FREE LEGAL AID, and FREE ADVOCATE and NO COURT FEES.
DV Act Provide for maintenance, shared residence , quickly.
If try cruelty ground, can get divorce in few months too.
As and when petitioner is Man, it takes years to divorce decree
If Wife is a Petitioner, Court grant it quickly, considering unbearable hardship and cruelty on ladies.
Custody and property right for daughter is undisputed, though delayed and difficult.
