Separation but 1 year has not passed

Question

Separation but 1 year has not passed

14-Aug-2023 (In Divorce Law)

My brother in law's wife went for Rakhi to her mother's home and now she is asking for separation to join back. She want to live separately and doesn't want to support parents. We are afraid that she might plan to put some false case against the family. Need help to understand how can we get ourself proactively safe from such case. Also in case we need separation, what is the procedure as the marriage is just 6 month old and what shall be financial impact on boy's family. It is very disturbing and their family is asking a boy to come to their hometown to settle down the case...!!! They are money oriented and want to get regular part from boy's income which is refused by boy being low salaried. Also how shall it get impacted on parental property, does girl has some legal share on the same !!!

Answers (2)

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Advocate Ramniranjan Chaturvedi LawRato · Accepted Answer · 2017-08-16T13:28:08+05:30

Answer #1

she has a right to get the maintenance out of boy. But you guys first file a case for restoration of conjugal right so as to future maintenance issue can be avoided. She can claim on the property of boy.

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LawRato LawRato · Accepted Answer · 2017-08-16T20:55:56+05:30

First of all you should not worry about the false case of 498A IPC because recently Hon'ble Supreme Court has issued guidelines for the prevention of misuse of that section. Now no automatic arrest can be made. You have to weight for 1 year from marriage before filing any kind of divorce case. Court can order monthly maintenance for her up to the amount of 1/3 of the salary of the boy. The girl is not entitled to anything in paternal property of the boy. Go for the mutual consent divorce after 1 year from marriage and bargain with the girl for the amount of one time settlement.