Karan 28 July 2025

Divorce petition under hindu marriage act

A man (husband) applied divorce petition to his wife on the grounds of cruelty.

The women (wife) side is seeking the custody of 15 yrs old daughter and settlement amount of 3 crore rupees based on her in laws property.

Both the husband and wife were in marital relationship for around 16 yrs. Daughter is interested to live with the father and grandparents family.

Since the husband and wife were fighting since the inception of marriage her husband had a living together relationship with another women and gave birth to a child recently who is presently 08 months old.

Kindly let me know how the wife side will get justice. Wife is interested on the money only. Here the in laws of the wife/women were not willing to pay their property to their son (husband) this huge sum of 3 crore. Husband has only Rs 15 lakhs only as per his income capability and savings.

Looking forward to your valuable feedback on how to approach the proceeding from both the petitioner and the respondents angle.

I am a good friend to both the husband and wife. Kindly guide.

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 28 July 2025

Custody of the 15-year-old Daughter

- *Daughter's Preference*: Since the 15-year-old daughter wants to live with her father and grandparents, the court may consider her wishes, given her age and maturity level. -

*Best Interests of the Child*: The court's primary concern will be the daughter's well-being and best interests. Settlement Amount -

*Financial Capacity*: The husband's income and savings (₹15 lakhs) will be a crucial factor in determining the settlement amount. -

*Wife's Expectations*: The wife's demand for ₹3 crores seems unrealistic, considering the husband's financial capacity. Approach for Both Parties -

*Mediation*: Consider mediation to resolve the issues amicably. -

*Negotiation*: Both parties can negotiate on the settlement amount and custody. -

*Legal Representation*: Engage lawyers to represent both parties' interests in court. Key Considerations -

*Husband's Relationship*: The husband's relationship with another woman and the child may impact the court's decision on settlement and custody. -

*In-laws' Property*: The in-laws' property may not be directly relevant to the settlement amount, unless there's a specific agreement or joint ownership. Possible Outcomes -

*Custody*: The court may grant custody to the father, considering the daughter's preference. -

*Settlement*: The court may award a settlement amount based on the husband's financial capacity, which might be less than ₹3 crores. Your Role as a Friend -

*Support*: Offer emotional support to both parties. -

*Encourage Negotiation*: Suggest mediation or negotiation to resolve the issues. -

*Legal Guidance*: Advise both parties to consult lawyers for professional guidance.

By understanding the legal framework and possible outcomes, both parties can approach the proceedings with a clearer perspective.

P. Venu (Advocate) 28 July 2025

The wife cannot dictate terms of divorce. The Court will decree the matter, once brought before it, weighing the pleadings as well the evidence produced and arguments advance.

The daughter being 15 years, the Court will consider her choices as well.

There could be no relief based upon the property of the in-laws; only the husband's assets and income would be taken into consideration.