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rp shahi (CEO)     17 November 2015

Women's right after divorce

My daughter needs advice. Married 8 years ago and has 3 yrs old daughter.

She works as IT engineers and her husband too was with her till last year. He had secret extra marrital relationship with a girl and used to spend time with her. My daughter has proof of their going out together as well as photographs.Last year he just left her in Hyderabad and joined a company in Bengalore. Sent some money initially but later stopped that too.

She has MS desease which needs expansice medicines ,baby's schooling as well as support staff for baby and my daughter is too high. Though she gets good salary, I have to often support her for medicine or baby's fees. Her desease deteriated after she knew about this affair as the girl too used to tease her. Her husband knew that this desease will detetiates when some one is under stress. I suspect his deliberate attempt to make her suffer and become invalid.

Husband too was smart and took all the savings from my daughter when she used to have funds on pretext of investment. Stayed in a house purchased on the name of my daughter on loan for which she is still paying EMI and booked another home on his own name without any liability. Even has fixed deposit in his own name. Even while they were living togather, he was smart enought to extract money from us too through my daughter.

At present he is getting 3 times the salary of my daughter . Meeting his parents too did not help and he is too mean to talk about settlement as he doesnt want to even return moeny taken  from my daughter.

I stay with my family some where else where they got married too.

Where should I file the case for divorse and maintenance as all my meetings with his paretns too have proved fruitless ? For me it would be better if the case is filed at my place of residence of occurance of marriage.

What can be the laws in which I can persue the case?



Learning

 8 Replies

Gaurav Pathak (Lawyer)     17 November 2015

sir ,

You may simply make your daughter file applications under section 125 CrPC, and Domestic violence Act for seeking maintenence and other possible reliefs. For divorce, you can file the case in the following jurisdictions where :

(i) the marriage was solemnised, or

(ii) the respondent, at the time of the presentation of the petition, resides, or

(iii) the parties to the marriage last resided together, or

2[(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]

(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

1.Can U prove his adultery with valid proofs.

2.U can file a criminal complaint that UR son in law has deserted Ur daughter and grand daughter after comming to know that UR daughter was suffering from Ms disease.

3.For the present as she is well employed she cannot claim maintenance from him, but can claim maintenance for the child.

4.Is UR daughter firm of getting separated from him permenantly?

5.U say the property is in the name of uR daughter but on a loan liability,does UR son in law own any properties?

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Advice for Women Getting Divorced

Being a woman, emotions are primary to you. But dealing with divorce means putting aside emotions and thinking logically, step-by-step, about what it will cost you, financially, socially and legally.

  • Get Yourself Acquainted – Most women, especially in India, consider marriages to last forever. Believing this, they often leave the financial matters completely and solely in their husband’s hand. This leads to women getting divorced financially insecure. So, get your facts about finances right like income of your husband, tax-payments, loan installments, FD, credit balance and disposition, bank accounts and monthly bills.
  • Apart From Income – It is a grave mistake to ignore marital properties, assets like jewellery, car, and insurance policies. They add up in providing financial support when deciding for alimony and child support. Keep track of your husband’s investments in stocks and mutual funds. However, women in India are hardly aware of their rights and are often taken for a ride by their husbands. Indian women should keep tab on all resources, and not feel guilty of spying.
  • Ask for Maintenance – While you are preparing for divorce, filing and hiring a lawyer, your funds will burn quicker than you realize. Though you may have support of your family, it is good to ask for maintenance from the court. In India, more than depending on the need of women getting divorced it depends on other factors like how much your husband is willing to co-operate. Indian law however provides for Indian women to be maintained while waiting for divorce.
  • Value Your Contribution – It so happens with women that, they often invest not only emotionally in the making of a home but also financially, which goes down the drain once your marriage is on the divorce track. Under the Hindu law, women are entitled to keep all articles, moveable or immoveable, to her after marriage.
  • Document Your Communication – It is crucial to jot down the communication of any kind, letters, phone calls, however they enrage you. They can be important to strengthen your case against your husband and especially if it documents any kind of threat or abuse. Indian women have deep-seated respect for their husband and exploiting family name in court is looked down upon by in-laws and society. What Indian women need to keep in mind is that they should worry about themselves rather than a family who won’t be theirs anymore.
  • Being Independent – Most women in India are not working when they are married, either they have never worked or they give up their career for the sake of husband or society or family needs. This is the time for them to re-consider their options of working. Brush up your talents and skills that you think can earn you your bread. Working not only gives financial independence, though it is a major benefit, but also opens up many doors like not worrying about where to live. If your family is supporting you for a while, don’t hesitate to accept but do not become dependent on your father or your brother.

Often women are so blinded by emotions that they neglect the upcoming divorce, even if they sense it, leaving them unprepared and ultimately ruined; financially and emotionally. Your life will be turned upside-down by your divorce, so at least ensure that you are left with enough support to deal with aftermath of divorce.

 

rp shahi (CEO)     17 November 2015

She has the proof like photographs together in hotel and tickets booked together for another place with hotel booking record. 

We have telephon record of both of them of 3 months.

Thugh my daughter earns good salary, due to her illness and child care attendent with full tme driver and EMI, she is always short of money.

Her husband has FD as well as property in his name.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

1. Your daughter can prosecute her husband by filing criminal charges for adultery against her husband if she has proof to substantiate her charge.

2. She may also seek alimony from him. The amount of financial support which she may be granted has to be decided by the court in exercise of its discretion. It may be 1/3rd of his monthly salary.

3.  Another legal recourse available to her is to seek compensation from her husband both for herself and the child by filing a lawsuit.

4. Last but not least, she can file for divorce on account of her husband's infidelity.
 
Adultery is such a thing which is difficult to be proved unless caught red handed.Though photographs or sms or whatsapp messages or mail conversations and travelling or staying in hotels together are very much valid evidences,these things have to be proved in the court.

 

 

 

Laxmi Kant Joshi (Advocate )     17 November 2015

Telephonic conversation, hotel booking record, air ticketing record didn't prove adultery, for proving adultery you have to exhibit his intimacy video making s*x with his girlfriend before the court, it is not so easy to prove adultery in the court, you can use those proofs as a chain of adultery or can use cruelty a ground for taking divorce u/s 13(1) (i-a) of hindu marriage act, she can file maintenance for her daughter u/s 125 crpc, if as you said the difference in salaries is 3 times then she can also files maintenance for herself also .

Raju Singh (Software Engineer)     17 November 2015

What if the case is just opposite. Its not always the husbands do that. Even Wives do that.. and do whats app and facebook adultery and the proofs are there.. So, in this case.. What the husband shall do..  I have a friend whose wife does that and he has all the proofs of facebook adultery messages.. Can he convict his wife..??

Please stop manipulating that always guys are wrong.. Even girls are not goddess now.. They are more spoilt than boys i think in todays world

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

Dear Mr Raju Singh,

UR reply is completely contrary to this query,U cannot intrude into this query and reply in the adverse.If U desire to have a legal opinion better post UR query in a new thread on behalf of UR friend.This is against the forum rules.


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