Procedure to file for divorce as wife torture husband & mother in law

900 votes

Dear client,
Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.
1. Address proof of husband
2. Address proof of wife
3. Marriage certificate
4. Four passport size photographs of marriage of husband and wife
5. Evidence proving spouses are living separately since more than a year
6. Evidence relating to the failed attempts of reconciliation
7. Income tax statements for the last 2-3 years
8. Details of profession and present remuneration
9. Information relating to family background
10. Details of properties and other assets owned by the petitioner.
What about child custody?

Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts are expected to see to the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. Money is not usually a matter that is considered. Non-working mothers are regularly given custody of their children, but fathers are expected to provide financial support.
What is Alimony?

When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents.

The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding how much alimony is to be paid, the courts will take into account the earning potential of the husband, his ability to regenerate his fortune (in case, say, the property is given to the wife) and his liabilities.

In case either spouse is unable to pay for the divorce, these expenses would also be paid by the spouse that does have an income.

Factors that influences the duration and amount of alimony
In a contested divorce, the alimony, its amount and tenure, depend upon the length of marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors that need to be considered are:

1. Age of the spouse (or the person who is entitled to receive the alimony)
2. Economic condition or the earnings of the person who is to provide the alimony
3. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health).
4. The spouse that retains custody of the child would be entitled to either pay lesser alimony or be entitled to a greater amount while the child is a minor..

Advocate Hemadri VSSRR Chandrakanth LawRato

658 votes

Dear,

File a divorce petition under the ground of cruelty in the family court of jurisdiction where your marriage was solemnized or where you both last resided together. However, before filing for divorce, make sure that you are ready to face counter cases from your wife as she might resort to filing false criminal cases as well as maintenance case against you for money. Further, as you are saying that your infant daughter is also there in the custody of your wife, file for custody of your daughter, court will grant you the visitation rights so that you can visit and spend time with your daughter as complete custody of the child cannot be granted to you as she is infant and court usually grants custody of children below 5 years to mother only. All the best.

Advocate B. Srikiran LawRato