• Divorce and property division

I am gautamnanda.My sister got married 20 years back, now they have two children daughter and son, 19 and 17, studying.For the last few years her
Husband is using abusing words, giving physical and mental torture, and now my sister find it difficult to live with him. The residence place is in her husband's name. My sister is running tuition class and also joined some private school. Husband is a businessman, generally come home drunken. Business is sick.We stay at Gurgaon, my sister and her family in faridabad.Now my question is can we proceed for filing of divorce petition from Gurgaon or from faridabad? Secondly whether my sister get half of her husband's property? Or relevant share? Please reply .
Asked 7 years ago in Family Law
Religion: Hindu

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7 Answers

1.Do note that wife cna file divorce petition from any place where she is presently residing at the time of filing the case.

2. She can similarly file case for maintenance and compensation under PWDV Act from her present location.

3. She can also file case u/s 498A ipc also for the physical tortures done to her.

4.She mus raise protest and teach him a lesson.

5.Note that she is entitled to maintenance for for herself and the children.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) divorce case can be filed from Gurgaon if your sister starts staying in Gurgaon

2) wife will not be entitled to half share in husband property

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

Wife can file DV case against her husband and seek maintenance and alternative accommodation from. husband

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

if your sister is residing in Gurgaon then only she may file a divorce case from Gurgaon otherwise she has to file divorce petition in Faridabad family Court under section 13(1)(ia) of Hindu Marriage Act-1955.

there is no law in favor of women to get property share from Husband's property but she may claim maintenance and alimony if not able to maintain herself and also claim maintenance for son who is minor yet U/s 125 of Cr.P.C.

Feel free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

1. Your sister can file the divorce suit at the place where the marriage was solemnised, where she last resided with her husband or where she is presently residing.

2. Your sister is entitled to maintenance for her and her minor children for rest of her life but can not claim the share of her husband's properties during his lifetime.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. you can file divorce petition either from Gurgaon or from faridabad. both court have jurisdiction.

2. wife has no right to get share in her husband's self acquired or ancestral property.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1. divorce petition can be filed where wife generally resides or where her husband resides or where they have last resided jointly or where their marriage is solemnized.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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