Legal Question in Family Law in India

divorce

what is the relief to the husband if the wife is not willing to give a divorce?

also will the law listen to the husband if his wife has harrassed him mentally?

what are the grounds that the husband if he asks for divorce from the wife that he will not have to pay any alimony?


Asked on 7/20/08, 7:26 am

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: divorce

You can file petition on ground of cruelty and if possible contact with details personally for consultancy. Chgs Rs100/- per hour

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Answered on 7/21/08, 11:04 am

Re: divorce

Husband has to file for non-consent divorce under Section 13 of the Hindu Marriage Act (I assume husband is a Hindu) and will have to prove his case.

Generally alimony has to be paid but it depends upon the facts and circumstances of each case.

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Answered on 7/20/08, 10:53 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: divorce

the husband can avoid payment of alimony to his wife only if can prove that she has her independent sources of income sufficient for her living; OR that she has been living a life of adultry.

if you can establish by cogent and sufficient evidence that the wife is guilty of "cruelty", you may succeed in seeking divorce on this ground.

The best method would be mutual divorce by amicable settlement of all disputes.

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Answered on 7/20/08, 11:11 am


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