Legal Question in Family Law in India
divorce
my son 30yrs married 5yrs ago,arranged marriage,both r in pvt.sector,no issue ,since last one yr.his wife has back to her father and no initiation from her/father for settlement,even ignoring reputed persons of society who tried for settlement,now we have decided to give her a divorce.pl.guide 1:how much judicial seperation is required.2:if she does not agree what is the way out.3:leave in relations can be kept with some other one.4:can we register his name on metromonial sites/beauros5:how much time generally courts r taking for divorce6:we are ready to bring her but she does not want to come ,what is the way out.
6 Answers from Attorneys
Re: divorce
For all the questions you raised the only answer is file a petition for divorce in the family court after issuing a legal notice to your son's wife.
Re: divorce
If you want to get her back then file a case u/s9 of HMA. If you want divorce then first prepare your safety coz she could file a case of dowry harassment it is usual act. There are various ways. Engage any efficient lawyer and get his accurate guidence to get the best score.
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Re: divorce
1. One year separation (not judicial separation) may be sufficient;
2. You may seek divorce only if she is 'guilty' of any offence as given in HMA.
3. No. that may be illegal and you may suffer criminal prosecution;
4. No. he is not eligible for that.
5. Time may depend upon facts, evidence and several other factors; it is all uncertain.
6. Make streneous efforts; try to assuage her hurt feelings; apologize to her for your mistakes; and meet her relatives.
Re: divorce
already one year of separation is there so if u want ur son can file for divorce but can not go for live in relationship legally and cannot go for ads in the matrimonial such steps will go against u and it will be difficult to go for divorce for more details log on to www.angelfire.com/folk/indianlaws MRS renu arvind sharma
Re: divorce
your son should file a case against her for divorce on the ground of cruelty. there is no need for waiting for one year . on the ground of cruelty divorce can be filed at any time.
Re: divorce
it is better if you communicate with the girl and her parents and settle the matter amicably. seek divorce by mutual consent and then go ahead with marriage plans or matrimonial sites. better not count chickens before the hatch. communication would certainly improve the situation.