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rg (na)     20 May 2011

Divorce

A husband was employed in the middle east and has been sending money home. When he returned his wife refused to give accounts of the money sent by him. Besides, the wife's mother had gone to an astrologer who recommended immediate divorce as 'the stars of husband were creating problems for wife's career advancement.' He predicted further problems because of adverse stars position of the husband. He further advised that the husband's mother had performed some black magic on them. The wife started behaving disrespectfully also. At the end of it, husband suggested divorce to which she agreed (after 25 years of marriage). Their two children have sided  with the mother. There was friction in the family earlier also and the husband had stayed away for eight years because of the unacceptable talks of the wife. Unfortunately the wife is delaying the divorce.

1. can the astrologer be brought to book along with the mother-in-law?

2. how can the husband get the details of money 'misused' by the wife?

3. Can the husband proceed for divorce? If so, what proofs have to be given to the court?



Learning

 2 Replies

Roshni B.. (For justice and dignity)     20 May 2011

@ rg


I cannot give legal replies to your question,but how did you get the score of only 4?Registering in LCI+asking a question in forum earns one 20+4=24 points.

 

Strange!

Tajobsindia (Senior Partner )     20 May 2011

 

@ Author

1.
If both of them have agreed for divorce as you say in brief and children would prefer mothers company over father’s then ask them to opt for MCD instead of contesting endlessly a Divorce case. They can jolly well convert Divorce suit into MCD with Compromise deed based on settlement of money issues for wife and children and visitation rights to father if that is not an issue between them as no whisper of same in the brief other than account statement of foreign remittance which offcourse any foreign posted husband has a right to ask to his domestic wife. 


1.1 can the astrologer be brought to book along with the mother-in-law?

Chasing a non legal ground will not bring result. It also seems that husband has sent in past some good amount of money as inward remittances and that has been invested by In Laws and to kill in one shot golden goose they are probably acting in flimsy ways !  


1.2 how can the husband get the details of money 'misused' by the wife?
Courts will take into account the receipts of remittances and will not get into the accountability part unless mother / wife alleges that she and children was kept starved when husband / natural guardian in Gulf.


1.3 Can the husband proceed for divorce? If so, what proofs have to be given to the court?

I suggest to follow para 1 in given situation if marriage is dead between them and remittence money is the main bone of contention between a non-communicating couple as given to understand from the brief and probably in future the husband will return back to Gulf for his work posting. 


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