1) your sister can file for divorce in Mumbai if she is residing with you in Mumbai
2) wife can seek maintenance of Rs 17,000 per month as maintenance for herself and child as she has no source of income
3) also seek custody of child
Filing of divorce case from outstation city
I need help regarding my sister who is a victim of domestic violence. I am residing in mumbai. My sister was married in kolkata in 2012. Her husband is working in a MNC in kolkata and earning 50,000/-p.m. They have a 3yr. old son. Her husband is very irresponsible towards wife and child. He often drinks with his friends outside home and come late at night at about 1-2 A.M. He is a very aggressive person and whenever questioned about his late coming, he abuses her verbally and physically repeatedly. He also threatens to get her out of the house . He verbally abuses his in-laws in front of her. Also, he is not keeping any sort of relation with her for last 4 months and lives in different room. My parents are having ill health and resides with me.So, my sister has come to my residence with her son as we haven't any establishment in home town kolkata. Now, she wants divorce from her husband. I want to know that if she can file for divorce from Mumbai. Also, I want to know what maintenance she can get as she is not having any source of income. Please help.
Asked 7 years ago in Family Law
Religion: Hindu
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11 Answers
1. you can file divorce on ground of cruelty. not necessary to prove medical evidence.
2. she can file divorce case at Mumbai, jurisdiction vests in court where applicant resides. permanently or temporarily.
3. she has right to maintenance along with her child under section 125 crpc, 24 and 25 Hindu marriage act.
4. she can initiate proceeding under said sections simultaneously,
Yes , she can file the petition at a place where she is residing now. Section 19 of the Hindu Marriage Act was amended to facilitate filing of petition by wife at place where she is now residing.
As far as maintenance is concerned she can claim interim maintenance during the course of proceedings by moving an application under section 24 of the HMA along with litigation expenses. If however she is not filing divorce petition she can claim maintenance under section 125 of CrPC. She has a right to live separately and to be maintained by er husband under Hindu Maintenance and Adoption Act. The guidelines for maintenance are that wife is entitled to similar living conditions as she was enjoying at her husband place. Usually 1/3 of the total income of husband could be granted as maintenance to wife if she is not earning.
You however can't claim maintenance under all the laws.
Dear Concerned,
Yes your sister can file a divorce as well as complaint for Domestic violence in Mumbai. As that's her paternal home. When you file divorce you should file for maintenance for her self and son as she is not earning.
Please note maintenance can be filed under Hindu marriage act section 24, Domestic violence act and in Crpc 125 as well.
Best of Luck
1. The divorce suit if initiated by wife can be filed from her present place of stay. So Mumbai is fine for her.
2. If your sister is unemployed then she can claim maintenance for herself and the child @ 1/3 to 1/5th of income of her husband.
3.Such case for maintenance should be filed under PWDV Act.
4. Addit9nally she can file criminal case u/s 498A,406 IPC for the tortures done to her.
Indian law gives liberty to a wife to file a petition for dissolution of marriage wherever she is residing. So she can file for divorce in Mumbai. This apart, she may also file a maintenance case and also DV case to seek alternate accommodation for her at her husband's expense in Mumbai.
If your sister is residing in the current place for more than 90 days and she has residential proofs to prove that she lives in Mumbai, she can file a contested divorce case from Mumbai on the grounds of mental and physical cruelty.
She can also file a maintenance case under section 125 cr.p.c. as well as section 24 of HMA seeking maintenance and interim maintenance from him through court.
You may consult a local lawyer and proceed as per his advise on all such further issues.
Thank you all for your valuable advice.I want to know the following things to start the proceedings:- 1. What could be the appox. expenses to get the interim maintenance and final settlement. 2. Her husband is not ready to give divorce.In that case, can she get divorce and maintenance from her husband. 3. Is any residential proof is required to prove that she is residing in mumbai and duration of residence? 4. In case of future patch up, can the case be withdrawn? Looking forward for your response.
Asked 7 years ago
1. The expenses will depend on the lawyer's fee who you would try to engage.
2. She can file a contested divorce based on the grounds she relies upon and get the reliefs accordingly.
3. Residential proof is required to be produced to prove that she resides in Mumbai, it may be even a rental agreement
4. if there is a reconciliation in the future she may withdraw the case based on the developments thereon.
1) legal fees vary depending upon lawyer engaged by you
2) your sister can file for divorce on grounds of mental cruelty if her husband is not willing to give divorce
3) she would need residential proof for filing for divorce in Mumbai like registered leave and licence agreement , electricity bill or phone bill or aadhar card or pan card
4) case can be with drawn in case of compromise
As for as court fee is concerned, only nominal amount is involved. The Advocate expenses shall be different for different advocates as per their standings at Bar.
If both parties agree, divorce shall be granted in 6 months but if husband does not agree and contest the petition, it may take quite a time and there is provisions for appeal also but the wife is eligible for maintenance during this period.
Yes, you have to file a residential proof so as to give jurisdiction to the court. Other party can challenge the petition on jurisdiction. Wife should be living for considerable period of time and it should not be a casual stay
Yes. the petitioner can always withdraw the petition in case a settlement is reached or otherwise.
1. The expenses will be the fee of your lawyer, which I cannot predict.
2. She may file for contested dissolution of marriage if her husband is not ready for MCD. She qualifies to get maintenance from her husband if she is not self sufficient.
3. No residential proof is required if she is residing with her parents in Mumbai. The duration of residence is also immaterial.
4. The case can surely be withdrawn if there is a reconciliation.