My friend is facing some family problem now a days. His wife left the home for past two months with the child. My friend is constantly calling her for her come back . Neither she nor her parents are wiling to send her back to her in laws house. They had some family quarrel in past and my friend abused her and hit her. He is drinking habit some time .
His inlaws now put one demand that they will call back their daughter at any time to their home in their bad days . But friend is not agreed on this demand. The woman is not taking care of her mother in law in her illness. She is expecting tsome house hold work to be done from her mother in law. Her parents also said this and demand for the same. they have only 4 members in this family
Now my friend is not in a mental position to concentrate in the job and on higher studies . They have a four years of son.
I want to know the followings.
1 On what grounds he can file a diverse case considering the above facts
2. His in laws also demanding to pay back the marriage exps. Which they have incurred in their girls marriage. Can they claim such .
3.He is filling the income tax return in his wife’s name showing some income. Can she claim that income shown as per the income tax return in the event of divorse. The woman is not doing any job , just a house wife.
4.As per the act the separation period for the diverse is of two years then after they can file a divorce case. They got married in 2004 and completed eight years of marriage. If we consider the required separation perid then at the filing of diverse application they may have completed their ten married years. As per the law the woman is entitle to get the life time maintenance who have completed their ten marriage years. is this rule is applicable in this case.
5.His wife was working in a privae bank for only two months after the marriage, can we use this point to prove her earning capacity.
6.He is afraid for this life threat from his inlaws , what is to be done in this regard.
7.He have a ownership flat having the joint name of his mother and self .Can she claim the right of ownership on that flat.
8.In the event of divorse who have to take the child’s custody.
9.He is working in a private company . what percentage of income is to be payable to her monthly basis.
Kindly reply
