Harassment to my daughter
UDAYA KUMAR
(Querist) 19 February 2013
This query is : Resolved
My daughter got inter caste marriage. Due to harassment, bad characters like gambling, drinking alcohol, cricket betting by son-in-law my daughter returned to my home. She is not interested to lead further life with him and interested to get divorce from him. But he is not accepting to give divorce to my daughter.
But I am not having any documental proof with me to prove his harassment, gambling, betting etc.
As a father what can I do to get divorce from my son-in-law?
Please advice me how to proceed legally.
My daughter's marriage took place on 18-08-2012 and she came back to my home on 14-12-2012.
We are not interested to get maintenance. We need only divorce.
Please advice me how to proceed legally
R.K Nanda
(Expert) 19 February 2013
when marriage took place?
Rajeev Kumar
(Expert) 19 February 2013
If one year have been elapsed after marriage then your daughter can file divorce petition in court of law which is difficult to prove. Try to settle down matter amicably and get mutual consent divorce.
ajay sethi
(Expert) 19 February 2013
if husband is not willing to divorce let your daughter file case under DV act claim maintenance , accomodation and seek protection order against her husband . he will soon come to his senses and agree for divorce
V R SHROFF
(Expert) 19 February 2013
I support advice of Shri Ajay.
File only DV at present
R.K Nanda
(Expert) 19 February 2013
agree with experts.
UDAYA KUMAR
(Querist) 19 February 2013
My daughter married on 18th August 2012 and returned to my home on 14-12-2012 - this reply is to Shri. R.K.Nanda's question
Kirti Kar Tripathi
(Expert) 19 February 2013
In matrimonial cases, some times documentary evidences are not available as normally the acts and incidences between the parties are personal and private for which no independent witness and/or evidence can be gathered. The same can be proved by the party by giving oral evidence, so it is not a problem. But in the present case statutory period of one year from the date of marriage for filing petition is certainly a problem, you have to wait for. However, you can opt other legal recourse, which will put him in defensive position and same will help you in getting the matter settled. So be offensive, it is the best defense.
Advocate Ravinder
(Expert) 08 May 2013
If your son in law is not giving consent for divorce, then you file whatever cases you can. (a) divorce case (b) Maintenance case in civil law (c) maintenance under Section 125 Cr.p.c. (d) Domestic violence case (e) Dowry harassment case (f) case under 498-a of IPC. Immediately he will come to your rescue.
You should not say I do not want maintenance. For the sake of harassing him you should file maintenance case first. You can withdraw it later.
Try to collect evidences of his bad characters. try to gather his friends who can give witness in the court. Become a detective of yourself. To gain something you have to lose something.
Anyhow you have to wait further upto 14.12.2013 to file the divorce case.
