Legal Question in Family Law in India
Hi ,
This is on behalf of my very good friend , I am putting you some questions for legal advice
The marriage was an inter caste marriage solemnized with acceptance of both families, the marriage took place in Ahmedabad in Feb 2012 . Post few days of the marriage the girl left for Ahmedabad from Mumbai on account of some misunderstandings.
Thereafter the boy made a visit to her place the very next day to get her back and pacify her , however the girl refused to come back with him to Mumbai and demanded an end to the marriage immediately . Post innumerable and exhaustive efforts made by the boy to woo her back , she started speaking to him after 3 months and made it clear to him that if he wanted to save the marriage he should look at a possible relocation to Ahmedabad and that she would not want to return to Mumbai at any cost .
The visits to Ahmedabad every now and then by the boy continued from there onwards and things looked promising , however on the other front the boy having tried his level best could not manage to get a decent job in Ahmedabad . He is currently well placed at a very senior position in a private ltd company in Mumbai and the offers he received for jobs in Ahmedabad were far too low on pay packet and would have dealt huge blow to his career, if he had relocated . The girl however works for a well known Company and would have easily got a transfer to Mumbai .
It was more than a year that they have been living separately and during one of his visits to Ahmedabad the marriage had consummated and he was therefore very keen to start a family and get on with life . Emotionally the boy is very much in love with his wife and can not come to terms to digest the aspect of separation . He having discussed his inability to relocate to Ahmedabad with his wife was shocked to hear from her that she now sought a divorce and that they should not stretch it any further .
Now my friend having exhaustively pursued all measures in the last one year to save the marriage has run out of patience and has agreed to give into her request for a divorce .However he has some questions , which I am trying to seek answers for
Q1. Having led separate lives for more than a year in different cities , can she demand alimony on account of consummation of marriage . What are the rights left with him to decline the same ? or is it a mandate to give alimony to the wife even if she earning a decent income .
Q2 . In mutual consent divorce , how much time does it take to get the final decree passed .
Q3. Is there any legal rights bestowed on the husband to seek forced relocation of his wife against her will , as that is the custom .
Q4 What all entitlement of rights and privileges is deemed as a mandate to be extended to the wife in case of a divorce in MCD .
Q5 Is there an advantage , if he files the divorce proactively from mumbai , or can his wife dictate terms of filing the divorce from Ahmedabad .
Q6. Being an employed women can an alimony be demanded by her ?
2 Answers from Attorneys
I have reproduced your questions and answered them:
Q1. Having led separate lives for more than a year in different cities , can she demand alimony on account of consummation of marriage . What are the rights left with him to decline the same ? or is it a mandate to give alimony to the wife even if she earning a decent income .
ANS: Under Indian law a spouse can demand alimony. Whoever is earning more has to pay to the other. If she is earning decent income, and you can show that, then to that extent your liability gets reduced.
Q2 . In mutual consent divorce , how much time does it take to get the final decree passed .
Q3. Is there any legal rights bestowed on the husband to seek forced relocation of his wife against her will , as that is the custom .
ANS: You can seek for enforcement of conjugal right, bit in reality, that hardly works, unless parties are interested in making it work.
Q4 What all entitlement of rights and privileges is deemed as a mandate to be extended to the wife in case of a divorce in MCD .
ANS: Partly answered in above two. No special privileges is bestowed on wife, other then, that she can pursue the Divorce proceedings where she is residing.
Q5 Is there an advantage , if he files the divorce proactively from mumbai , or can his wife dictate terms of filing the divorce from Ahmedabad .
ANS: She can either file at Ahmedabad or she may also seek transfer of proceedings to Ahmedabad - unless it is being done by consent.
Q6. Being an employed women can an alimony be demanded by her ?
ANS: Employment is no bar to seek alimony.
I hope above clarifies.
It is best that you convince your 'friend' to obtain divorce by consent, that would be the best, fastest and cheapest option.
I am agreeble with what has been adeqautely explained by Shri Jayesh Deasai. As regards your question no. 2 [ In mutual consent divorce , how much time does it take to get the final decree passed] normally six months cooling period is given by the court after filing the MCD application by the both parties. Thereafter depending upon the availability of time with the court and the efforts made by the advocate to persue the matter the decree of divoce can be granted by the court
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