Divorce
simi
(Querist) 19 June 2013
This query is : Resolved
I am posting this for my friend who is going through lot of emotional turmoil of divorce from an abusive and controlling husband. She lived with this man for twelve years. she has one child of 10 years.
he used be physically violent. and a year ago she caught him cheating on her with another woman. she no longer want to be his wife. They both live and work in foreign country. The husband has properties ( land ) he had purchased in his name in india. her salary was primarily used for running the household while he used his money to acquire property in india. Can she claim right to these properties because he didn't do the duty of running the household expenses.
because she is working, is she eligible for ailmony? She has never seen or doesn't have access to any of these land records as these are kept with father in law in india. The divorce will be mostly done in the foreign court because of the travelling difficulties. Because he is such a cruel person, how can she make sure that her son will inherit his rightful part of property.
Can she make the cheating husband pay for her divorce proceedings. He is trying fool her by saying they can file for divorce by mutual consent and he will give her a sum of money which is not not at all a good amount. He never disclosed to her the location or size of the lands he owns.
I would appreciate any help.
thanks a lot.
V R SHROFF
(Expert) 19 June 2013
Too early to ask us. No Proceeding, matter not in court.
She cannot claim mtn, as earning. c vl get 50% mtn od son
Best is get Legal separation, so property vl be inherited by Son, and herself.
If divorced, next wife will also part with inherited property.Don't Give Divorce. ask child mtn, Live separate.
Wait till he get maturity/ old age.
Devajyoti Barman
(Expert) 20 June 2013
Rightly advised by Mr Shroff.
The lady can not claim her hands on lands though she can put those under restraint order of transfer under proceeding of PWDV Act. She can not claim regular maintenance but given the fact of years of tortures, she can claim damages in lump sum for mental agony.
Raj Kumar Makkad
(Expert) 20 June 2013
First of all that lady shall have to come to India and then she should file a DV Act case in which she can seek stay order against the sale or changing its nature and thereafter she can proceed as desired. The rights of her son are intact even after their divorce.
