Dear experts,
My widower friend remarried to 41 yrs. unmarried lady of same locality through mediation by common friends. The lady is working, and willing to accept my friend’s daughter as her own daughter. The court marriage was held in August 2013 and ceremonial marriage held in September 2013 at local temple in presence of relatives of both side. But within few days of marriage, the wife of my friend, refused to stay with the matrimonial home saying that she has committed a mistake and could not assess the responsibility of marriage and alleging her mother for misguiding her.
1. Hence asked for mutual separation and left home.
2. My friend and his father went to their house to bring her back to matrimonial home but she refused, however, she came back after 7 days after her mother insisted her to go back to matrimonial home.
3. On her come back, she refused to do any work and stopped talking to everyone at matrimonial home and became abusive and irrational activities.
4. My friend and his wife undergone few rounds of counselling, where wife admitted that she was ignorant about Indian marriage system and refused to take counselling after that. The counsellor had hinted about her personality disorder factor.
5. Meanwhile she started her cruel behaviour and mental torture with step-daughter and mother-in-law, resulting in mother-in-law suffered cerebral attack followed by complete paralysis and the daughter suffered in her studies.
6. Finally the lady left home in December 2013 when my friend was out of station for his official tour. While leaving the home she threatened her in-laws for to put them behind bars for mental harassment, domestic violence and dowry harassment.
7. But before leaving the house, she took back all her ornaments and other belongings gradually in a planned way. Later, through sources it is learnt that it was a planned move by this lady and her mother.
8. My friend tried to talk to this lady 2 times for reunion but she refused to come back and insisted for separation only. As per the lawyer’s advice he filed written information to the local police station that his wife is not staying with him from a specific date. He also took the signed receipts from his wife whatever ornaments and belongings the wife had taken back.
9. After 3 months, she informed through a mediator that she can only stay with my friend but refused to stay with inlaws and the daughter, which was not acceptable to my friend, as he cannot leave his daughter and old parents. She had also taken back the engagement ring and gold chain given to my friend during marriage ceremony.
10. Now this lady has posted her profile in a matrimonial site before filing divorce. She has posted her annual income as more than 5 lakhs.
a) She has completed her master degree + B.ed and earning more than 5 lakhs per annum. Can she ask for one time alimony from my friend when there is no child born out of this wedlock and the custody of the step-daughter with my friend?
b) Is posting of profile in matrimonial site before filing divorce can be treated as act of cruelty?
