Dear sir/Maa'm
My friend got married about 3 years back. The boy and the girl lived with the Boys parents for about 08 months. Thereafter she went back to her parents place for delivery. Post delivery she returned back (approximately after 07 months) with the 03 month old child (Boy). Then she stayed at home with her husband for about 08 months and she went back home saying that they have some function at their place. Thereafter she never returned back for the next 10 months.
From her house she along with her parents, one of her sister and her husband started complaining that the Boy was not looking after well and she did not have any freedom etc. She had even told lot of personal things to her brother in law which in normal circumstances no girl would have told to any body except her mother/sister etc.
She was hinting that they need to move to a separate house that is nearby the girl’s brother in laws place and she hinted that he would even get the boy some job (Her husband is the only boy). When she was carrying, the Boys parents were away to US for a few months and during this time, she never use to do anything in the house, not look after her husband and was caught with some boy in terrace one day also. All the tenants living were aware of all this and the terrace was locked up thereafter. Not withstanding all this, we had at various levels tried our best to get her back so that both of them can lead a good life.
After all the cajoling and request for her to come back, finally after 10 months she came back. After coming home as she did not have any periods for 02 months, the Boys mother forced her and took her to the hospital. The preliminary medical examination revealed that she was carrying a child which is more than 3 months old. Later the detailed scan indicated that the child was 24 weeks. When inquired she did not answer anything. This clearly proves that the child she is carrying is not from her husband as she was away from him for the last 10 months.
Immediately, her parents were informed and requested to take her to their home. As soon as they (Girls side –parents and both her brother in laws) arrived there tried to pacify and tell that the medical examination may not be correct and we must wait for another 03 months. If she does not deliver that means the report is not correct and the Boys side were just blaming them for nothing. However the boys side were not convinced with all these things and asked her to give it in writing all that what has happened and she without any hesitation has penned it down saying that she is not interested in living with her husband and she is ready for mutual separation. Further she has written that she is carrying all the items what was brought by her during the marriage and does not want any monetary compensation. In the meanwhile, her parents and brother in laws who had come went to the police station and lodged a complaint saying that their daughter was being harassed.
The boys side were called by the police and in the station both were inquired and the police were also convinced that she has cheated. Finally at the police station, her parents were also asked to sign on the letter what their daughter has written and they have gone to their place. The Boy was also asked by the police if he wants to live with this girl and he also refused and agreed for a mutual separation. This incident has happened about 20 days before.
Can you kindly advise us on the following?
(a) At what stage (right now or after few months) can we file a case requesting for Divorce?
(b) For what reasons can I file the Divorce? (Adultery/Mutual separation or mutual separation because of Adultery)
(c) How long can we wait before filing this case?
(d) How much time will it take to obtain the divorce?
(e) Do we need to pay any compensation from the boy’s side? If so for what? How much will it be? (Boy earns about 7000/- per month and his parents do not have any assets or any income. The daughters help them financially when required).
(f) Can we wait for the Girl to initiate anything legally and if they do not approach the court what can be done by us in this case?
Regards
Thank you
A Krishnan
