Anju (NA) 18 March 2014

Family matter

This is for my friend, her marriage was on 2009 and she was with her husband in UAE.

Some misunderstanding and small quarrels started between them and now it became miserable to her to live with him because he started to torture mentally and physically even for very silly reasons and threatening her take divorce from him with a reason of not having a child in their life.

When the matter came to her parents notice, they talk to him and requested him to not to do physical torture and requested to come for a family counseling to sort out the issue if possible. He denied and later on he refused to pick the call from her parents.

Her parents was much worried and requested him to send her back to home, he denied that also. At last her parents took a plane ticket and asked her to come back to India, now she is staying with her parents since last 05 months and took medical treatment for physical torture what she suffered.

There was no communication from him and his family during this 05 months period, her parents tried a lot for a compromise talk with him and his family. But he is not ready to listen anything and refused to come to her home saying a reason that she come back to India with her own wish.

Failing all compromise and talk attempt, now here parents want to file a divorce cum domestic violence case against him and his family to get back her ornaments worth near about 10 Lacs and a reasonable compensation of Rs. 50 lacs for destroying her life.

As her parents have no job, and staying with her elder sister.

Can they file a case of domestic violence, will they get reasonable compensation?.

Any reply in this will be highly appreciable.

Thanks & Regards

Friend

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2 Replies

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 March 2014

Dear Anju,

Yes...she can file domestic violence case and get maintenance and compensation. For any kind of legal assitant u can contact me

K Animesh (Manager) 18 March 2014

Hi,

I and my wife want to file a divorce petition mutually.

1. However I want one surety form her that she will never try to separate my daughter from me i.e. she will never leave the current city of residence without my consent. Can this clause be legally covered? She has in past taken my daughter to her parents place without informing me and kept me away from my daughter for 6 months.

2. We have a common property, i.e. a flat owned by us jointly to which she has done a release deed in past and readily disowned the property in 2010. That release deed was not registered but was executed on a Rs. 200 Stamp Paper in Pune, Maharashtra. This release deed later became a part of Housing Loan and subsequently that Loan was closed and transferred to another Bank, however the release deed does not mention any clause as such “this deed is done for purpose of rendering this loan etc."

2.1 Question is if she is not ready to register the property solely in my name, will I be able to register the said property solely in my name alone on the basis of the said deed?

2.2 Or mare mention of a clause that she will never claim anything in that property or anything else in lieu of this property in the separation clause would suffice in order to rescind her to claim anything in future in the said property?

2.3 Would I be able to sell/rent the property without any issue?

3. Can I become a Legal guardian and she became custodian of my child i.e. all matters related to my child such as her education, schooling etc. cannot be decided without my consent. She can’t take her away from me and decided whatever she wishes without my consent?

4. Apart from Maintenance, Property, Child custody, Child's vacations etc. what else must be considered there in a separation clause?

5. Once we prepare the separation clause, what procedures are required for filing the petition in a court? Can I file it by myself?

Thanks and Regards-

Animesh