cruelty by wife.seeking advice for remarriage
santosh kumari
(Querist) 10 August 2016
This query is : Resolved
Dear all experts,
My friend is a govt teacher.He is 32 yrs old.Has 4.5 yr daughter.he belongs to typicall village in rajasthan.he was married during his childhood.when he was 24yrs old n got job his wife goona was done.he risided to his job place n wife was with his mother in law.he came to know that this was under some baba's hyptonism.he even caught her once while doning faul gesture.
he informed this to family.
family n wife's parents apologised n asked tobtake her with him.latter on he took her with him to dungarpur in 2010.
there she was regularly calling some man on phone.n she came bk to village that she is unable to reside with husband.she is just 7class pass.by the time she concieved baby .
when she was 4moths pregnant.he found her stealing his phone n sending to some boy of village with whome she still in bad remark.
then finally my friend(her husband) went n told the fact to both families.n asked orally to divorce her.
but family presauried him to get her bk after delivery.
aftrr delivery :n incident he never talked to her.n never stayed with her.he does job about3 hrs away from village since 5 yrs.
now she is simply telling all that ..they both have good relation.which is not true.
she says she will never leave him.but he says that ow he cannot stay with her anymore.
he is paying her money to meet daily needs via family members.he is cnoncerned for his daughter.but doesnt like the wife.
he asked her to leave.she says u can marry again.i can give i in written.but she need monetry support.
he is ready to pay lump sum money.but she says will never divorce him.
i need to ask
1.what to do in this critical case.?
2.shall he go for legal action against her?
3.how long it may him to get divorced legally?
4.can he marry again.?if she assures in written?
5.what must be the written language for agreement.?
thank you
Kumar Doab
(Expert) 10 August 2016
Court alone can give divorce.
Ms.Usha Kapoor
(Expert) 11 August 2016
. Once the child comes to you you can remarry if you want if your 2nd would be takes better care of your minor daughter You file divorce on the ground of constructive desertion and cruelty by wife . Is she taking care of the child properly. If not you file a petition under Hindu Minority and Guardianship Act for court appointed guardianship and child custody if the mother neglects in taking care of the child and if you prove it to court's satisfaction that even till 5 years of age your wife can't take proper care of the child.Step mother's rarely take care of another woman's child. So after divorce which takes about 3 years in the normal course of things to get disposed of you can remarry BUT BY TAKING A WORD FROM YOUR WOULD BE THAT SHE CAN'T EXPECT TO HAVE CHILDREN THROUGH HIM AND SHE SHOULD CONSIDER HER STEP DAUGHTER AS HER OWN CHILD AND BRING HER UP.
Sudhir Kumar, Advocate
(Expert) 11 August 2016
so far there is no practically actionable ground for seeking divorce as seen from your post.
The moment you file divorce on the ground of desertion then expect criminal cases against you and family.
second marriage without legal divorce can result in loss of govt job even if she gives in writing.
why he is not giving maintenance directly?
he is giving money through whose family?
Devajyoti Barman
(Expert) 11 August 2016
REPEATED QUERY.
The author has taken advice many times on the same issue.
Kumar Doab
(Expert) 11 August 2016
If repeated,NO reply.
R.K Nanda
(Expert) 11 August 2016
Repeated query.
Rajendra K Goyal
(Expert) 11 August 2016
1.what to do in this critical case.?
__ He should try for amicable settlement and save the marriage, rather to spoil it on flimsy grounds. He should save the marriage for the sake of child.
2.shall he go for legal action against her?
-- Depend on him, he does not have much merits in the given situation.
3.how long it may him to get divorced legally?
-- In contested divorce case it may take 3-5 years or more.
4.can he marry again.?if she assures in written?
-- No, even such step may effect his job if it is government job.
5.what must be the written language for agreement.?
- Does not have legal value.
santosh kumari
(Querist) 11 August 2016
thankuu all experts
no sir its my first query.its not repeated querry.kindly consider this as serious issue.
santosh kumari
(Querist) 11 August 2016
Sudhir kumar sir ..mhe is giving money to her via his own mother.
P. Venu
(Expert) 11 August 2016
How you are related to this query?
santosh kumari
(Querist) 12 August 2016
P.venu sir i am a friend of the victim
