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Family issues after marriage and planning for filing divorce
15-Dec-2023 (In Divorce Law)
Hello, My son got married in May 2017. It was an arranged marriage. However my daughter-in-law was not happy at our home. And she used to have discord with her mother-in-law for various matter and there used to be frequent arguments. She used to generally go to her parents place very frequently and stay there for very long time and then used to come back and then go back again for long time.
Last year at home when I was having argument with my son, she intervened and misbehaved. In fit of anger I slapped her. After this she complained to police and I had to go for explanation. Same night all her family members(5-6) came home and badly misbehaved, threatened and physically abused.
After this incident she left and It has been 18 months already she is not staying with us. Her family wants us to allow her back but we know this marriage won’t survive and wish to file for divorce.
In this situation on what ground we can file for divorce? And do we need to give her maintenance?
The question which you might be facing in not different and new in our society. First of all ask to your son whether he wants to go separate from her. If he don't want to get separate then don't ruin his personal life. If he wish for divorce then file divorce Petition under the grounds of mental cruelty as she is suffering from psychopathic disorder. She is entitle for maintenance under metrimonial laws but most people get convert in one time alimony and convert Petition under mutual consent.
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Adv. Manoj Mulchandani
Nashik | 500+ Answers
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after going through your case I find that you can file case for divorce with ground as desertion and cruelty. Before that send her notice through lawyer. you need to collect all documents relating to marriage and also police complaint by which case can be brought under cruelty and also some date to prove the case relating to desertion
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Adv. Rakesh Tiwari
PimpriChinchwad | 100+ Answers
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Hello you can file a divorce petition against yours daughter in law
but question regarding maintenance of her will be subject to decision passed by Court,
but keep in mind and walk that maintenance in most matter is granted.
but question regarding maintenance of her will be subject to decision passed by Court,
but keep in mind and walk that maintenance in most matter is granted.
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Adv. Mufaddal Readycash
Pune | 100+ Answers
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