Legal Question in Family Law in India
Sir/s,
There is a case where daughter in law has been torturing and illtreating the husband, mother in law and father in law. The husband has approached Vanita Vahini and also their community leaders where the case is being enquired.
The girl is very rude, mostly having an affair and money minded and wants to extract money and probably shift to her boy friend. There are no concrete proofs to establish this in legal platform.
The girl is presently staying with her parents pending some decision since boy and his parents are scared of living with her fearing some complicatins.
1. AT what stage the boy can file divorce?
2. The grounds are (i) marriage not cosumated (ii) adultery - no documentary proof (iii) cruelty to husband and in laws.
3. What could be the financial implication on this boy if the law decides favouring the girl since the boy is in a junior position in a MNC?
REGARDS,
ashok k rao
3/05/11, 6:01 am
Answer (1 of 1)
If the marriage is 1 year or more old then you can go for divorce or otherwise you have to move an application u/s 14 of HMA act to the court giving reasons why you are going for divorce before the expiry of one year of marriage. Cruelty is going to be the major ground in your petition. you have to build a good case for you to pay negligible amount to your wife . Your parents have rights under the law to protect themselves from there Daughter-inlaw.
Sanjay Kalra
Q-Sir,
1. Marriage is 16 months
2. How can I safeguard myself and my parents, in case she goes for false 498a.
3. Can the case reports with community forum and vanita vahini (police sponsored NGO), Bengaluru would help me.
4. She is with her parents and carried all her materials and jewels, including given by us.
5. She has an affair and I have her phone bills calling him - no other proof.
6. She tried to push my mother on gas stove once and always behaves rude with me and my parents.
7. We have also issued a legal notice and police complaint about her torture on the family - no reply and no action from police.
8. The marriage has not been consumated yet. She has always pushed me away and not shown any interest. The girl denies this in front of elders, community leaders and Vanitha vahini. How can i prove this when i apply for divorce since this will be the main reason for divorce?
Kindly help/advise.
akr
1 Answer from Attorneys
If the marriage is 1 year or more old then you can go for divorce or otherwise you have to move an application u/s 14 of HMA act to the court giving reasons why you are going for divorce before the expiry of one year of marriage. Cruelty is going to be the major ground in your petition. you have to build a good case for you to pay negligible amount to your wife . Your parents have rights under the law to protect themselves from there Daughter-inlaw.
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