Divorce case
KB
(Querist) 01 December 2017
This query is : Resolved
I need urgent help...
It's about me any my cousin sister. She got married 7yrs back and having a baby boy of 4yrs old. She got married with his manager working in the same company. Before marriage he said so many lies that he is an MBA graduate having property, lots of money, so they decided to get marry and ran and they got married raipur CG ( cousin sister belongs to raipur only and her husband belongs to Indore).
After she ran from her hometown and started her life with his hubby she got to know that all the things which he said is lies he don't have nay degree all r fake no property and all but it's not the matter of money. After some time he started humiliating her by abusing her to do wrong things like dirty chats, nude pics, while intimating he try to make a video, dirty story telling, nude video chat, and all shit. Since she don't have any support from her family she did by forcing by his hubby.
When she is pregnant he had started an affair with his X girlfriend and when she get to know about them he refused everything and become a good person in front of his family, even though his family support him and didn't say a single word when they get to know about all these.
After marriage my cousin and her hubby stayed in indore Bhopal for 3yrs, then nasik for 3yrs and right now in Goa from may of this year.
Before marriage me and cousin has an affair but after marriage we have not contacted each other by 4yrs.
After that when we start talking and when she start sharing all these to me I have decided to support her. Then she says to her hubby that she is going to sasural and came out from that hell.
Right now she is with me in jharkhand. And she want to get separate from her hubby.
So what we can do.
Is there any procedure that we can do because her hubby is having doubts in me that me and his wife has an affair. But he didn't see my msgs and call nothing just a doubt.
So please help what we can do.
Weather she can file the case from jharkhand or not because I'm also new here just got posted 3mnths back.
Is there is a risk on me to. Right now no one knows that we r staying together.
So pls pls help me........
And suggest wat we or wat she can do to get divorce.....
Vijay Raj Mahajan
(Expert) 01 December 2017
As a Hindu wife under the Hindu Marriage Act, 1955 she can file petition for divorce in the district family court in the city where she is at the time of presentation of such petition living.
As far the ground for divorce, mental cruelty because of the misbehavior of husband and indulging in extramarital relationship with other lady can be made but all these have to be proved with sufficient supporting evidence.
Your living together can be taken in wrong sense by the husband and he can levy baseless allegations against both of you in court and otherwise too so you have to bear it and defend it strongly.
KB
(Querist) 01 December 2017
But there is no one to help her there she will be alone even though she can not go to her home back because her family is not also supporting her after marriage ( my cousin family).
How she can fight alone there???
Can't she file the divorce or maintainence case here in jharkhand..
Vijay Raj Mahajan
(Expert) 02 December 2017
What else I mentioned above that the Hindu wife can file the petition for divorce in the district family court where she is residing or living at the time of presentation of such petition, if she is residing/living in Jharkhand she can present the divorce petition in the district family court in whose jurisdiction she is living in Jharkhand.
P. Venu
(Expert) 02 December 2017
Let your SO-CALLED cousin take her own decision as to her married life. Facts posted suggests that she is standing on her own. Just because you, allegedly, had an affair with her, you have no standing to interfere in her married life. With the marriage still subsisting, you are liable for prosecution for THE CRIMINAL OFFENCE of adultery.
