Legal Question in Family Law in India

Dear sir,

A/p the latest changes in divorce law in delhi read in newspaper today.

It says that:- 1) divorce can be sanctioned with one partys concern if he or she proves giving proper reasons.

now my question if a husband gives falls reason that wife quaralleing in nature & harrassed old parents can he get divorce without wifes concern.how long will it take to decide that case.

3) can a wife file a case for dowry against hubby after he applying for divorce & teach him a lesson?

4) so wht action a wife can take against hubby not coming & staying wid his wife,since hubby himeself made separate house later on quarlled wid his wife (being a mom's boy) then, he is not coming & staying wid his wife ? In this situation is it better to wait for him to take action or better to take action by wife ? If wife wanted to take action wht legal help she will get to get back his hubby & stay in separate house? since there is lot of harassement from his inlaws wife not interested to go to inlaws house?

5) Even if wife wanted to stay in inlaws house wht precautionary measures she can take legally for her & her kid? Now they are asking from compromise that wife need to stay in inlaws house & vacate rented house? so wht precautionary measures she can take


Asked on 6/11/10, 1:33 am

2 Answers from Attorneys
Pravin Vaidya Independent

What is the exact issue is not clear. Please do not ask any question on any hypothetical situation. Restrict your query to exact factual position of your problem.

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Answered on 6/11/10, 2:28 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

As suggested above, it is better to specify your problem in the statement. However, I will advise as follows :

1. If the husband is making a false allegation, you will get sufficient opportuntiy to prove him wrong.

3. Yes, a case can be filed, not for teaching him a lesson but for securing justice and enforcement of your rights;

4. Availability of action may depend in the given situation.

5. Amicable settlement is the best solution. Try to avoid litigation. No security is needed for you and your child to live with your family. Most of the husbands are Mom's boys in their lives; however, if the wife is wise enough, she can always enngulf him in her charm; try to stay cool and save your married life with a positive attitude.

.

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Answered on 6/18/10, 7:13 pm


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