cpc

divorce after 10 years of separation

System Engineer

1. Husband and wife living separate since 2009

2. only son of the couple  , is with husband from 2009

3. Wife is having a kidney disease and can prove that she got into such poor health due to atrocities of husband, as

for first 3-4 years, husband kept forced custody of child and did not allow to meet her son, neither at school and day care.

all along her stay  in matrimonial home, she was forced to take new loans and also pay installments, after seperation husband also got the joint name property into single name property, citing the condition that he is taking care of child and child is better looked after with him

4. wife living alone, getting her treatment in Delhi hospitals and doing job also, husband is not doing any  job for last many years

5. there are no circumstances or possibility  of their living together

6. now a days husband, asking the wife to pay for child education expenses

can wife obtain divorce on these grounds, how many years it will take, if it becomes contested case, who will get the custody of child and who will have pay maintenance

 

 
Reply   
 
LEGAL

Your wife should prove she is living in detroriated conditions due to husband. If she thinks no possiblity of  patch up she must file divorce petition .

She is bound to pay a penny to husband she should stoop  immedeatly paying anything to such useless person. Why is she paying, if husband is unable to provide means to his wife and kid let him retuern the baby . The lady neeeds to wake up and mend the track which is going wrong way.

Even if she feels she don have enough money to maintain herself let her file application under section 125 Cr PC  seeking maintenance .

Better to take care of her health and forget about such useless husband .

 

 
Reply   
 


System Engineer

Thanks Sohail ji for you valueble time and kind advise, 

Just one point,  in the past she did not file the divorce petition, because of two reasons, as she did not want to bother her husband and her child, and secondly she has to follow up a lot for her kidney problem, but of late her husband started emotional blackmail, and asking money from her towards their son education. Question is if she files the divoroce petition now and it becomes a contested case then how much time it could take to decide, how much chances of her getting the decree in favour of her by proving that these and these cruelties have been done to her all throughout her matrimonial stay and later years after separation.

 

 
Reply   
 
LEGAL

SHe needs to be very planned and use every move wise; The contested divorce takes too much of time as her hsuaband wn't like to get dvorced. First of all she stop paying a penny towards her  husband ,

She must also file application for maintenance and claim the expenses she spent on Let her file even DV case if she feels harrased by her hsuabnd;

Just meet agood lawyer and process   now,must not waste any time.

 

 

 

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

IPC Grand Course     |    x