Dear Sir,
my friend got married in dec 2003 and from the very initial stages the couple were not compatible. due to family pressure both of them stayed together and now have 2 children. A boy of 7 yrs and a daughter of 4 years.
The wife of my friend is a very cruel women and due to this my friends widowed mother legally has disowned my friend from herself (giving add in the newspaper) around 2 years back as the wife of my friend used to quarrel and used to abuse her on daily basis.
in January 2011when his wife had gone to her parents house my friend filed for divorce giving her parents address in the divorce petition,court sent her the divorce papers as per its procedure.she did not attend the court on the first date of hearing ie 18th march 2011 and court on that day itself started ex parte proceedings.
on 30th march 2011 my friend was able to get decree of Divorce from the court on the grounds of cruelty.
His wife has taken all her jewellery and given to her mother along with all the streedhan which she had got at the time of marriage. wife is still staying with the husband in the same house but in different rooms.
now my friend is planning to get married again and i have the following questions.
1. Since there is no proof that she has taken away all the jewellery can she file a complaint that the jewellery is with us ?
2. can she file a case u/s 498a against my friend and his mother and married sisters? Can sec 498a be filed after 1 year of divorce.
3. my friend wants to have the custody of both the children at any cost, would he be able to get the same?(My friend earns 60000/- P.M and the girl has no income) and how can he debar his wife to get the custody.Children are studying in the best school of the city having annual fees of about Rs 50,000/- per child.
4.Even-though legally his mother has disowned him he still stays in the same house ie her mothers house. can his wife claim a share or right to live in the house ?
5. Can she reopen the ex parte divorce case?
6. what other cases can she file?
7.please guide how best he can avoid all the legal hassles and even if goes to court how can be a winner.
8.if his wife goes to police what would be their plan of action. and how can he be saved from them
9. kindly send all the judgements to help him.
10. how much alimony can she get? bank balance of friend is only Rs 1,50,000/- at the moment.
