Legal Question in Family Law in India
Who should file divorce petition
My son got married in March 2003. He finds very difficult
to live with her in her house. Neither her parents nor
she ever came to our house even before or after marriage.
We did co-operate in everything for the marriage as our son
liked very much to marry her. After marriage we did not
contact them as no one from their side visited our house
130 KM away. After marriage our son stayed in her house
as he was studying in that area for MD. We also have a house
in that area; they did not come to that house.
Now he left her house and staying in our house alone there.
Now like to get divorced. If my son file the divorce petition, is there any payment that he should pay on any account.We have not taken any money. We paid for the marriage expeses. He is 28.
and she is28.She is BDS, was working till recently.
Should we wait for her to file a divorce petition? She is
not pregnant and no child.Mainly,she wants him to stay
with her and her mother in their house and go according to
their wish. She did not like him to come to our house.Her
father is working outside.Her only elder sister had love marriage.And the boy's parents did not accept them.Please advise what should we do for our safe side.
2 Answers from Attorneys
Re: Who should file divorce petition
Your son can file the divorce petition. It is immaterial as to whether the husband or the wife files the petition; since under law, the wife is entitled to claim maintenance, during the pendency of the petition and after the divorce is granted, until the wife remarries. The fact that the wife is employed, if it is proved, may lower the maintenance amount.
Re: Who should file divorce petition
There is a very valid ground for divorce, since after the marriage husband is not expected to stay at the home of his wife. These are grounds of Cruelty.
But here first Let your son reside in his own house for more than 10 months or so and write letter to his wife to come and stay with him. On her denial to do say (at lest for 9-10 )months, your son can file petition of Decree of Divorce on ground of Desertation for marriage life.
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