How a person can get divorce , not on the grounds of obtaining any financial assistance
Partha Sarathy
(Querist) 05 February 2013
This query is : Resolved
Respected Sir/Madam,
With due respect I would like to draw your kind attention to this painful situation of one of our relatives.This is about a woman ,who has been staying in her mother's house for the past one year in a different state. The woman has a 7 yrs old son who stays with her.She also has a 13 yrs. old daughter .The daughter stays with the man who lives in another state.
In this context this woman wants a divorce. The man is not willing to grant it till the time the boy is not given to him.She had filed a petition for divorce on the grounds of dowry but the man wanted the boy first and then only he would sign the divorce papers and the petition was withdrawn.
The woman has a well salaried job .The boy studies in a school and wants to stay with this woman i.e. his mother.
She simply wants a divorce , if possible in a fast way ,not on the grounds of getting any financial assistance or putting hardships or to punish anybody.
Therefore we request you to kindly help in this matter.We have a few queries in this regard:-
1)Can she file a petition for divorce on the grounds of irretrievable breakdown or restitution of conjugal rights or unilateral divorce?
2)Where she should file the petition ,can she file it from the state where she lives at present, how much time it might take and the approx. expenditure?
3)Can the small boy stay with her?
It would be extremely kind of you if could kindly help in this matter.
Thanking You
Yours faithfully
Partha Sarathy
ANIL KUMAR 8867907494
(Expert) 05 February 2013
1. If she wants divorce then there is no scope for restitution of conjugal rights, since her husband is not cooperating she has to go for unilateral divorce with a reason for seeking divorce
2. She can file where she presently resides
3. If there is no mutual understanding then court will decide the custody of child
Raj Kumar Makkad
(Expert) 10 February 2013
This can become possible only on the basis of hMutual consent of both the parties.
ajay sethi
(Expert) 10 February 2013
she can file for divorce on grounds as advised by your lawyer . if husband is not willing to divorce it will be a contested affair .
she can get custody of her son . husband will at most get visitation rights . she can file for divorce in city wherein she is presently residing .
the approximate expenditure varies . depends upon lawyer you engage and years it takes for decision .
