Hi,
My Friend got married in 2011 to the guy who said that he was working in a company but had quit and is about to start a new company. But he did nothing of that sort and had kept on abusing her routinely. She had to work in a company and also take care of household things. He did not earn a single Rupee but had some savings from his previous work which he sometimes used. He also has some inherited property. Otherwise, my friend had to give all her salary to cover for the monthly expenses. After 1 year, she gave birth to a boy who is 1+ year old now.
She did not see any improvement in her husband even now and so had decided to get separated from him.
Opinion: Daily suffering in a marital relation is not said as minor loss and tears. If she is really suffocating within such relationship then it's wiser to call off her marriage rather than being a merely social wife.
They are staying in different places from May this year (2013). She's planning to apply for a divorce now. What are the chances of getting the divorce without too many problems?
Opinion: Tell her to talk with him for MCD, if he doesn't agree then file divorce on mental cruelity + willful desertion by him without any reason.She can also file such petition where she is currently residing or where the last time she resided with her husband.The choices are her. Contested divorce depend on her lawyer how he/she argues to prove all allegations without prolonging the case. The more she has evidences and proofs the less time will be taken.
Since he's not earning, will it be easy for her to retain the child ?
Opinion: Till 5 years infant goes to mothers custody after that whoever full fill the best criteria to take care of his/her child till majority the custody goes to the said person.
What about the money she had given him (almost 3-4 Lakhs Rupees) and alimony?
Opinion: If that money was used for household and daily expenses then no claim should be recovered.
Alimony depends on number of factors..........if she is not able bodied and can't maintain herself then she could claim maintenance U/s 125 crpc or U/s 24 HMA. For child he had to contribute till he doesn't attain 18 years.
It will be helpful if experts can give their opinions and any suggestions on this issue.
