Legal Question in Family Law in India

Hi - my friend's mother was abandoned by her father several years ago. My friend's mom being very meek and afraid had not gone to court for divorce. Encouraged by my friend, she has now gone to court asking for divorce on the grounds of being deserted. While with her husband, aunty suffered physical and mental abuses for which my friend and her sister are witnesses for, from an young age till the time of abandonment. Looks like her dad is going to contest the case. We are not sure if he will file a restitution of conjugal rights. Would that force my friend's mom to go and live with him which would be hell? Also could my friend and her sister (who are adults now) act as witnesses if her mom has to prove that she was indeed living away from her husband? How else can she prove the desertion. Please advise. Thank You!


Asked on 8/06/09, 2:39 pm

5 Answers from Attorneys

Your friend can give evidence but first you should sure what husband want. Else not a proper question.

Your further clarification is welcome at nominal consultation fee;

KAMAL GROVER,

Advocate (Chandigarh, India)

M: 09814110005

e-mail: [email protected]

Note: We are group of advocates, experts in different fields of law in Supreme Court, All High Courts and few district courts of India and your case will be handled by our experts in your locality in India. Rest you may get only guidance and can engage any local lawyer plz..

Regards and good luck

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Answered on 8/06/09, 2:45 pm
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

The husband cannot compel women to live with him despite a decree for 'restitution of conjugal rights' in his favour.

The close relatives like your own children - son, daughter, brother, sister - are the best witnesses in family cases to prove cruelty and desertion.

The divorce petition may be amended to include the ground of "cruelty" also if that is not already pleaded.

She is also entitled to maintenance under the Hindu Marriage Act as also under the DVA.

There is nothing to be fearful of these proceedings; she is most likely to get the necessary relief.

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Answered on 8/06/09, 6:40 pm
Nandita Haldipur Haldipur Associates

she cannot be forced to live with her husband even if restitution of conjugal right is ordered. daughters can give evidence. she can also claim maintance from husband

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Answered on 8/07/09, 12:40 am
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

the daughter can be a witness to prove regarding the atrocities being meted out to her mother. moreover, even if the husband wants, it would be difficult for him to prove that his wife does not deserve to be granted a decree of divorce on the grounds of desertion as the factum of desertion is apparent.

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Answered on 8/07/09, 1:21 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

contact a local sr lawyer with full details.

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Answered on 8/07/09, 7:42 am


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