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Chetan Chand (ABC)     03 December 2012

Divorce

My friends wife is not staying with him from last 9 months immidiate after their marriage i.e. within a week  . She has taken away gold ornaments and valuable with her .This is her 3rd marriage that we got to know after marriage . we have about to get proof of earlier divorce paper only . In that earlier guy claimed that she is mentally unstable and same has been observed by my friend also but medically we don't have any documents. Now my friend is confused to get divorce from her and he has following doubts

1. How he would apply for the divorce.

2. At the time of Divorce if She accepts to live with him then is there any solution to reject the proposal.

3. What would be Compensation Payable by my friend . 

 

Please advice . 



Learning

 1 Replies

Shantilal Pandya ( Advocate)     03 December 2012

 


Concealing  a previous marrige by your friends wife is a fraud with your friend , he can make it a ground to obtain releif of annulment of the marriage,  yet after  disicovery of fraud your friend must have disconnected all relations with  his  wife ,  and must file annulmemt petition  without undue delay. so far as the question of  custody of the child is concerned  , the prime condiferation for the court  would be  to  find  as to with whom the welfare of the child lies , either with the mother or the father , there is no inflexible rule to  order custody infavor of any contesting party , the order once passed  can also be varied from time to time  as and when exigency to do so  arises.The question of compensation would not be an issue,but  if the wife is unable to maintain herself, the question of maintenace would arise,  the husband may be ordered to pay  a reasonable  sum for maintenance  periodically,to the wife  and the child  ( in case the  custody is entrusted to the wife )  





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