To get divorce after seperation of
jayana
(Querist) 14 March 2008
This query is : Resolved
Hello SIr ,I want to ask u about my younger sister, she got married in April-2006 and with in month of Dec-2006 she came back at my parent's home, the reason is her husband is having an affiar with his firend's sister.
Intitalyy we try to solve out at our family basis, get together both the families, at that time he promised not to keep any realtion with that girl, but no chang ein his attitude, 2 or 3 time he beat my sister too.
So ,we watn divorce form him and also dont want let him go without any comansatiaon.
so please advice me how we can go further?
how can we get all the gold jewwelry/my ssiters all cloth and all that
jayana
(Querist) 14 March 2008
kindly let me knowas soon as possible..
Vishwanath tripathi
(Expert) 15 March 2008
Dear jayana,if you are Hindu,then you can file a divorce petition under section 13 Hindu marriage Act alongwith for maintenance u/s 24 during the pendecy of divorce petition,u/s 27 for stridhan-jewellary etc-Hindu marriage Act and in addition for maintenance allowance u/s 125 Cr.P.C.against the husband of your sister at the presnt residential place of your sister in family court of that place or any competent court in the absence of family court.if you are not hindu then under the provisions of the act of your religion.you can also file under domestic violence act in addition to the all above.
SANJAY DIXIT
(Expert) 15 March 2008
You should file the suit for divorce on the ground of cruelity.You may also file cases for return of articles and alimony / maintenance.
jayana
(Querist) 20 March 2008
Dear Mr, V N Tripathi and Sanjay Dixit,
I am Hindu Brahmin,as you mentioned those Act, should we get result in early, if file the case, i f file the case first on the ground of cuuelity, how soon we can come out of all this legal procedure?
and what are chances my sister's in law they can also put some legal actionagainst us?
Please advice
SANJAY DIXIT
(Expert) 20 March 2008
Dear Jayana,
It is not possible and also not correct to say about the time period for any legal proceedings. It is better that you consult to any local lawyer for proceeding the cases.
a.haridasan
(Expert) 28 March 2008
dear jayana,dont worry...already resolved ur question!..i think ,there is no other possibilities to initiate legal actions against ur sisters law ,but u have to collect some evidence infavour of ur sister , regarding the 'affair' .Other wise, there is a remote chane to file a defamation case by the so calledfriend's sister.
