Divorce procedure
Chandra Singh
(Querist) 08 February 2014
This query is : Resolved
In brief, my son's case is:
My son got married in 2012 and then went to New Zealand to continue his job. But his wife wanted to go back to India.So she mentally harassed him and threatened him she would commit suicide or go for abortion. Unable to bare the torture, my son has decided to move back to India after few months. Even after coming to India she continued to torture my son and our whole family. She harassed the family by fighting with us on trivial matters and always threatened us on different things like committing suicide, filing false allegations on us or spoiling our image by projecting wrong stories at media. After a few months they started to live separately. But her harassment is still continuing. She doesnot even make food or take care of the baby. My son's health is deteriorating because of this nuisance. His career is also getting effected.
Can my son file for divorce. On what grounds can he do that. What evidence is required to support his case.
With your experience can you please caution us on what kind of things we might face,like for how long the divorce process takes and what kind of problems we might get into.
How does the alimony work. My son has no property on his name. All the property is on my name or my wife's name. In case a divorce is granted would she have right on our property.
Please let me know if you need any additional details.
Thank you for your help and time.
Dr J C Vashista
(Expert) 08 February 2014
Yes your son may file for divorce petiton on the ground of cruelity. The evidences required to prove his (your son's version) depends upon what sort of allegation he will level upon in the petition, which can be decided by his lawyer and cannot be predicted.
Time taken to decide the case depends upon various factors such as availability of Judge on the date of hearing, business of the court on the date of hearing, cooperation of other party and her lawyer, etc. etc.
Alomony has to be decided mutually by the parties, otherwise depends upon standard of living of the husband.
She has no right (as on date) claim after payment of agreed amount of alimony and return of stridhan.
Engage/contact a local lawyer
Devajyoti Barman
(Expert) 08 February 2014
If your sin think thta relationship has ended for all oractical reasons then he can indeed file suit for divorce on the ground of mental cruelty.
The alimony would depend on the income of your son and her income also if she is gainfully employed.
Once he files suit for divorce the criminal case like one u/s 498A IPC or u/s 12 of DV Act may follow.
But I think it is better to face all brunt of attack at one go then facing it for ever during whole lifetime.
Rajendra K Goyal
(Expert) 08 February 2014
If relation can not be maintained better explore the possibility of mutual consent divorce.
Contested case filed by the husband may take years in result with uncertainty.
Once case filed for divorce criminal case U/s 498A, DV Case, maintenance case may follow against husband and family.
T. Kalaiselvan, Advocate
(Expert) 08 February 2014
Repeated query, replied sufficiently.However, please note that if your son has decided to break the matrimonial ties, he can file a divorce case under the grounds of cruelty. His wife cannot claim a right to a share in his property or his ancestral property during his life time even after divorce.
