Is divorce possible

Justice_Seeker (Querist) 09 April 2020 This query is : Resolved
Hi Experts,

My relative who is almost 40 years now has been living a stuck life as he was married to a woman who is not as simple as it seemed.

The man was a daily wager of earning 15k a month and woman was a housewife both were living sperately from parental family and had two childeren, the man used to support his immidiate family as well as his parents because of the resposibility but his wife always used to have issues that why you support your family and why meet them. Man's family was ok and was living peacefully however one day the man came to his father stating that his wife is too angry and set fire to my clothes and he saved his life by running. Now the woman(wife) after two days with police and other bad woman came to man's father house and alleged that they have kidnapped her children but because of the fathers younger son who was bit educated told police that she is lying and can check our house also check her house if she has put her children somewhere, that day somehow passed without any harm but it was mental trauma.

The family was feared but can not fight as no one the family knows any lawyer, police person and belonged to lower service class family where one person supports whole family.

When asked with the man, he releaved that behind his back his wife is meeting someone who used to reside nearby and used to come to house and the wife used to say that he is his brother however and found one photo of them in clothes where they have phool mala (garland) in their neck and they might have got physical but do not have proof and the man believes that the third child happened during this time is of that man.
The husband also told that his wife is a lier and a player as during his time he has seen her playing a trick on other man to put him behind bars for couple of days by pouring kerosine on her and calling police that a man is attacking her.

Lets get back to next episode where woman has complaint in women cell and the cell people used to call both of them however no compromise was done and there authorities used to tell man that the law supports woman so be with her and accept her faults or you will be arrested.

The man do not want to be with her anymore and want divorce but can not get as alimony case has been filed by her, some time passes and woamn comes to his parents house again with her friend and beat his husband in front of his family and family could not do anything as she was woman and in family only husband's mother an old father in his sixtees and a brother was there who also could not helped.

Now its been 8 years that they are living seperate and husband heard that she is living in his house and has made it two storey and someone is also living with her, the husband do not know what rights he has also his father is died recently with a mothers responsibility and a mentally disturbed brother on his part. When asked for divorce the woman demands atleast 15 lacks, she has already taken his house but she is very smart and player he himself is not able to tackle her, he said he has no problem in taking care of children too but need the divorce as she is a very difficult person to live with.

Life is bad for some i want him to help but i am not sure what's best for him, could anyone suggest what he should do to get rid of this relationship as he already has lost lot of his precious time.

So in crux :-
Husband and wife living separately for 10 years now
Children are with woman as of now
Man is living with mother (father died)
Woman is living in the house made by both husband and wife(husband major contribution)
Man and woman both are less educated
Woman is more clever and smart than man and have anger issues
Woman has tried many times to threaten the family by false allegations and at times beat her husband up
Man is 10th pass and woman is 8th
Man now want to get free from this relationship but woman demanding lacks which obviously man will not be able to give

Please take time to read and then suggest what is practical and legal solution for this.
Appreciate in advance

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KISHAN DUTT KALASKAR (Expert) 09 April 2020
Dear Sir,
The education of spouses have little consideration before the Court. Your friend ought to have some records about the adulteary and criminal actiities of the wife. More so 10 years separation is more than enough to treat it as irretrievable marriage and divorce can be granted. The question of alimony s the main question. Evidence must be placed before the court and court will decide ultimately.
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P. Venu (Expert) 09 April 2020
Please post simple facts avoiding subjective opinions.

Rajendra K Goyal (Expert) 09 April 2020
You said:
Husband and wife living separately for 10 years now
Reply:
Desertion is an important ground for divorce.

You said:
Children are with woman as of now Man is living with mother (father died)
Reply:
Generally children are given to women, You can claim custody / visiting rights through court.

You said:
Woman is living in the house made by both husband and wife (husband major contribution)
Reply:
In whose name the house is? If the house is in her name, it would be difficult to prove your right in the court.

Rajendra K Goyal (Expert) 09 April 2020
You said:
Man and woman both are less educated
Reply:
Legally, this does not make a difference.

You said:
Woman is more clever and smart than man and have anger issues
Reply:
Entrust your problem to your lawyer, he would take care of your rights.

You said:
Woman has tried many times to threaten the family by false allegations and at times beat her husband up
Reply:
Try to record / make a proof of all such action.

Rajendra K Goyal (Expert) 09 April 2020
You said:
Man is 10th pass and woman is 8th
Reply:
Legally, this does not make a difference.

You said:
Man now want to get free from this relationship but woman demanding lacks which obviously man will not be able to give
Reply:
Court may not award huge money / one time alimony, you have to pay maintenance.

You said:
Please take time to read and then suggest what is practical and legal solution for this.
Reply:
Engage a lawyer and proceed as per his advice.

N. Sivaprakash, Chennai 984099 (Expert) 09 April 2020
Ask him to file a petition for divorce on the ground of desertion and cruelty. Ir-retrivable break down of marriage is not a ground for grant of Divorce. Only in cases before Hon'ble Supreme Court , Their Lordships invoke their inherent power to grant divorce on the ground of break down of marriage. Without taking a step you cannot take a decision. So, ask your friend to file a petition for divorce.

Raj Kumar Makkad (Expert) 09 April 2020
If your friend can live separately since last 10 years, what is the need to get divorce? Why not he can go with the same adjustment?

Raj Kumar Makkad (Expert) 09 April 2020
Is the registered sale-deed of the house is joint in the name of husband and wife? if so then your friend should file a civil suit for partition and possession so that he may get his own share therein.

Raj Kumar Makkad (Expert) 09 April 2020
The liability to maintain his wife and children legally rests upon your friend so he should be ready to bear this liability if his wife and children are not capable to maintain them.

Raj Kumar Makkad (Expert) 09 April 2020
The long period of 10 years separation itself is a major ground for granting the divorce ignoring the demand of the wife of your friend demanding a huge amount of Rs. 15 lakh as an alimony. The court shall decide it keeping in view the status and income of the parties. Your friend can opt for this option but beware that his wife shall be entitled to get monthly amount of maintenance under section 24 of Hindu Maintenance Act, 1956, if both the Hindus during the pendancy of the petition.

Raj Kumar Makkad (Expert) 09 April 2020
If your friend smell any foul game in the birth of his third child, he can also make adultery as one of the major grounds in his divorce petition as well as in other maintenance petitions to be filed by his wife. DNA test can be got conducted through Court, however, the expenses shall have to be got deposited by your friend in the court.

Rajendra K Goyal (Expert) 10 April 2020
You said:
Man's family was ok and was living peacefully however one day the man came to his father stating that his wife is too angry and set fire to my clothes and he saved his life by running.
Reply:
The man should have gone to police against the attempt of wife to set him on fire. It would have been a good proof for future.

You said:
Now the woman(wife) after two days with police and other bad woman came to man's father house and alleged that they have kidnapped her children but because of the fathers younger son who was bit educated told police that she is lying and can check our house also check her house if she has put her children somewhere, that day somehow passed without any harm but it was mental trauma.
Reply:
From where the children were traced? Can have information from police through RTI.

You said:
The family was feared but can not fight as no one the family knows any lawyer, police person and belonged to lower service class family where one person supports whole family.
Reply:
One has to proceed to have result. He can contact some lawyer; lawyer would be available to guide him in proper direction. If from weaker section, can have help from district legal aid center.

Rajendra K Goyal (Expert) 10 April 2020
You said:
When asked with the man, he releaved that behind his back his wife is meeting someone who used to reside nearby and used to come to house and the wife used to say that he is his brother however and found one photo of them in clothes where they have phool mala (garland) in their neck and they might have got physical but do not have proof and the man believes that the third child happened during this time is of that man.
Reply:
Concrete proof with copy of photograph must be collected. Copy of photograph can be received from the studio from where it was photographed. This would prove to be a good proof with him.

You said:
The husband also told that his wife is a lier and a player as during his time he has seen her playing a trick on other man to put him behind bars for couple of days by pouring kerosine on her and calling police that a man is attacking her.
Reply:
The man should avoid visiting the house where wife is living to avoid such incident

You said:
Lets get back to next episode where woman has complaint in women cell and the cell people used to call both of them however no compromise was done and there authorities used to tell man that the law supports woman so be with her and accept her faults or you will be arrested.
Reply:
Any cruelty cannot be accepted by husband in the name that the law is towards women.

Rajendra K Goyal (Expert) 10 April 2020
You said:
The man do not want to be with her anymore and want divorce but can not get as alimony case has been filed by her, some time passes and woamn comes to his parents house again with her friend and beat his husband in front of his family and family could not do anything as she was woman and in family only husband's mother an old father in his sixtees and a brother was there who also could not helped.
Reply:
He should contact a lawyer and file divorce case against her.

You said:
Now its been 8 years that they are living seperate and husband heard that she is living in his house and has made it two storey and someone is also living with her, the husband do not know what rights he has also his father is died recently with a mothers responsibility and a mentally disturbed brother on his part. When asked for divorce the woman demands atleast 15 lacks, she has already taken his house but she is very smart and player he himself is not able to tackle her, he said he has no problem in taking care of children too but need the divorce as she is a very difficult person to live with.
Reply:
He should file case for divorce on the basis of cruelty and desertion. Court may order for maintenance.

Rajendra K Goyal (Expert) 10 April 2020
You said:
Life is bad for some i want him to help but i am not sure what's best for him, could anyone suggest what he should do to get rid of this relationship as he already has lost lot of his precious time. Is divorce possible
Reply:
He should file a divorce case.

You said:
Husband and wife living separately for 10 years now Children are with woman as of now Man is living with mother (father died) Woman is living in the house made by both husband and wife (husband major contribution)
Reply:
Husband can be given divorce on the basis of desertion and cruelty.

T. Kalaiselvan, Advocate (Expert) 10 April 2020
The husband can file a contested divorce case on the grounds of desertion and adultery against his wife.
He is reported to have evidence of a photograph of her snapped with her boyfriend with garlands and other circumstantial evidences would be sufficient to her adulterous life.
He can file an eviction suit to evict her from his house because he is not staying there in that house and he can offer to pay rent to a rented accommodation.
If he desires to keep his children with him, he can file a child custody case also seeking custody of his children on the grounds of her immoral way of life.
He can take the help of a local advocate to file the above cases.

Raj Kumar Makkad (Expert) 10 April 2020
When your friend had not cared for his children since last 10 years, how can he claim their custody now? Your friend has no love and affection towards his children and thus keeping in view the paramount consideration of welfare of the children, your friend is not going to gain anything even though their mother may be having illicit relationship with an unknown person.

Rajendra K Goyal (Expert) 11 April 2020
The Querist has not mentioned "who is the owner of the property in which his wife is living?. She can not be evicted completely from the property if she is joint owner / full owner / owner of any part of the property. It would not make much difference whether husband has contributed for its construction / purchase.

Raj Kumar Makkad (Expert) 11 April 2020
Author has already clarified that the house property wherein his wife is residing wwith her children as well as with an another person is joint with the author, however, major payments have been made by author. It shows that his wife is legally residing therein and only partition of the property can make the author to enter therein.

P. Venu (Expert) 11 April 2020
The author's version is that he has raised this issue for or on behalf of his relative. Are we justified in imposing the problems, as his own, upon the author and continuing this thread ad infinitum?

Raj Kumar Makkad (Expert) 11 April 2020
I do agree with expert P. Venu that after all the issue should be got closed on our side.

Justice_Seeker (Querist) 14 April 2020
Thanks Experts for your valuable suggestions i appreciate it.
I ll ask him to contact a lawyer in tees hazari court delhi.

Dr J C Vashista (Expert) 14 April 2020
It is advisable to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional guidance and necessary proceeding.
However, if you (or your friend) feel so, may contact me (on appointment) with relevant records at Seat No 36, Gajanand Block, Tis Hazari Courts, Delhi or Chamber No 647, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi Cell # 9891152939 email: majjagdish@yahoo.com or visit: vakil-saab.com

Rajendra K Goyal (Expert) 14 April 2020
Querist is always welcome, may revert in case of need.

Raj Kumar Makkad (Expert) 14 April 2020
We should avoid self-advertisement on this site otherwise this tendancy may lead to unpleasant situation wherein all others may engage themselves in the same manner at par with expert Vashishtha.