Legal Question in Family Law in India
Dear Sir. I get married in June 2005 with a girl belongs with poor family. After marriage the problems starts. She left my home in Jan 2006 and came back in Oct 2006 but her behaviour remains same. She abusing me, my mother and all the married sisters. She slaps me and my sisters many times. All my efforts to get her familier but no way. She complaint in Women Cell against me, my sisters and my 72 years old mother. We get oraly compromise there. She again left my home in July 2007 and filed a case under DVA againsts me, my seperate living elder brother and my mother. We get written compromise by the two layers and she came back. I started to pay her Rs. 1000/- P.M. for personal use but she never respect that compromise and her cruelty became more. She warned me to file Dowry Act on me and my family.She never consentrate her mind in my home. She always worry about her family's matter. We have no any physical relations from last six months.We have no any child till. Now i want to file a divorce case. I know without her compromise i never get divorce in the court but i can not live with her in my home. If divorce is not possible then i want to live separate. I want her to leave my home because she always warns to suicide. I am ready to give her mantainence. My total income salary + rent is about Rs. 15000/-. Now the questions are:
1. Can i get divorce on cruelty, absuing, slaping and bad behaviour?
2. If divorce is not possible then can i get order from the court to live her separate with mantainance cost?
3. Can she claim her right on my rented property and my house which are on my name?
4. Can she success to get her claim on property when i file a divorce or separate living case with mantainance?
5. How much maximum or minimum amount can fix by court in separate living case againsts my income, the mother live with me?
6. What type of case i should file for divorce or separation?
7. What pre and before steps should be taken by me to save myself and my family members if she file case u/s 498A and 406.
8. What type of help i can get from Police Station?
2 Answers from Attorneys
You have asked so many questions that it is difficult to answer all. However, the basic question is that yes, you can get a diovorce on grounds of cruelty. Maintenance is payable to a wife at the rate roughly calculated at 20% of teh husband's take home income. She has no claim on your property. You can file and obtain an anticipatory bail against 498A.
1. You may get divorce on the grounds mentioned by you.
2. Yes.
3. Yes, only for maintenance purposes.
4.Yes, for maintenance only.
5. 2,000 - 5000
6. Both. You seek divorce and as an alternative relief you also seek Judicial Separation.
7. You may report the matter about her behaviour to the police.
8. They may record a DDR if you make a complaint about her suicide threats.
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