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Divorce if wife forces husband to live separately from his family
30-Jul-2023 (In Divorce Law)
My son married in Feb.2016 & his small daughter also for 1.5 years. From Last one year his wife force to him for doing the separation from us (family). But he not want to do this. Now from last 12-15 days before her uncles & mummy come & trying to solve the matter. Our relatives also sit in this meeting. But she do not want to live with our family & she is going with her parents. Now I want to know, if she files any case in court, there is some positive possibilities or any law for inlaws ??? is there any law in India, if wife forced for separation from family then husband could do some action & file the divorce in court. In this case, he doesn't need to give any alimony to wife. Pls suggest & help me.
incase cruelty is proved by the wife and incase the wife is filing false and frivolous cases then you can refuse the alimony to her and subsequently file for the divorce. The daughter in law can file a case but she will have to prove the allegations as well
Helpful?
22+
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Adv. Palak Nenwani
Delhi | 100+ Answers
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Hi,
Firstly i would like to tell you that in a recent case, Supreme Court of India had laid down that if a wife forces husband to get separated from his parents, it would amount to cruelty, which is a solid ground for Divorce. Your son has option to file a divorce petition taking the ground of cruelty.
There are many laws which favours the in laws as well but in the majority of the cases, the role and conduct of the in laws plays a pivotal role. However, you need not to worry and i assure you that no wrong and harm, in law, can be caused to you or your family.
Further, I would need certain other information form you to render my opinion with regard to "Alimony" as it is a matter of financial stability and condition of the wife to maintain herself or the child if is she chooses his/her custody.
You can consult me for further assistance. I would be happy to help you.
Firstly i would like to tell you that in a recent case, Supreme Court of India had laid down that if a wife forces husband to get separated from his parents, it would amount to cruelty, which is a solid ground for Divorce. Your son has option to file a divorce petition taking the ground of cruelty.
There are many laws which favours the in laws as well but in the majority of the cases, the role and conduct of the in laws plays a pivotal role. However, you need not to worry and i assure you that no wrong and harm, in law, can be caused to you or your family.
Further, I would need certain other information form you to render my opinion with regard to "Alimony" as it is a matter of financial stability and condition of the wife to maintain herself or the child if is she chooses his/her custody.
You can consult me for further assistance. I would be happy to help you.
Helpful?
16+
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Adv. Shivee Pandey
Delhi | 25+ Answers
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if wife willfully want to separated with you then this is a valid ground for getting decree of divorce. And the hon'ble court will not burden you with any alimony. you should approach to the hon'ble court with your lawyer
Helpful?
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24+
Adv. Shankar Prasad
Delhi | 25+ Answers
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