• Divorce and splitting of property

My aunt in kerala  married for 8 years is getting divorced. Her husband gave the notice on grounds that she is indulging in black magic. somebody fooled her into doing some ritual once . Is it enough grounds to refuse any claim on his property? He used to abuse her , also made her take contraceptive pills regularly and now she has an uterus complication as well. What can be done legally?
Asked 2 years ago in Family Law from Bangalore, Karnataka
Religion: Christian
1) wife should file Dv case against husband . seek right to stay in matrimonial home or alternative accommodation . she can also seek protection order against her husband and maintenance 

2) if she dosent want divorce she can oppose divorce petition . 

3) wife has no rights on husband property . she has mere right to stay in matrimonial home
Ajay Sethi
Advocate, Mumbai
23211 Answers
1218 Consultations
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1. Mere indulgence isn some practice even if black magic does not amount to a ground of divorce.
2. To make practice of black magic as ground of divorce one will have to show that such practice give rise of physical or mental torture in absence of which such practice causes no difference.
3. So your aunt will have to worry for nothing.
Devajyoti Barman
Advocate, Kolkata
5196 Answers
54 Consultations
4.9 on 5.0
The ground so mentioned does not come under the grounds as listed and recognized by the Indian law and Courts. If by doing such ritual, any mental harm or etc have been caused to the husband, then the proof of the same is to be given in evidence in court which could qualify it as a valid ground for divorce.

If your aunt was abused, then she should file a Domestic Violence case against the husband. claim on the property is not a relevant ground here  as the wife does not have any claim on the property of her husband during the lifetime of the husband.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
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1. Unless any harm was occasioned to the husband of your aunt by the act of the latter to indulge in black magic, the former cannot seek divorce on this ground.

2. Furthermore, an isolated act of indulging in black magic is not a ground of divorce for the husband of your aunt.

3. Your aunt should contest the divorce case as and when her husband files it.

4. Your aunt can file a case for domestic violence against her husband to remedy the abuse suffered by her. In the said case she can claim a protection order, maintenance and monetary compensation against her husband.

5. If she has been harassed in relation to dowry then she may even file a criminal complaint for dowry against her husband.

6. The above being said, she has no rights in the property of which her husband is the owner.
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
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Black magic is not valid ground for divorce. And a wife has no rights on husband property when he is alive. You aunty can claim Maintenance, right to stay in matrimonial home, protection from physical or mental torture. Best option is to file a petition under  Domestic violence act against the husband.
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
Hello,
1) If an occasional indulgence in the practice of Black Magic as alleged is taken as  the sole ground for divorce, your aunt has nothing to be worried about the case as first of all this does not fall under the recognized grounds for divorce.The petition in all likelihood will be dismissed.

2) The defence your aunt must take is that she has been tortured and that the petition is unfounded. Let her contest the case.

3) Know also that she can file a case under Domestic Violence Act against her husband seeking protection,maintenance,accommodation shared or otherwise and compensation for torture suffered at his hands.

4) Under current laws the wife has no right over the property of her husband but as mentioned above she has right to maintenance and alimony.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. It is not a valid ground for seeking a decree of divorce,

2. She can contest it fittingly,

3. For any torture on her, she can file DV case and seek right to stay in her matrimonial  accomodation or alternate accomodation, maintenance etc.,

4. She has no right on her husban's property during his life time.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
230 Consultations
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Upon filing of Divorce Petition she need to appear before the concerned court and oppose his Petition and deny his allegations. She can seek maintenance and right to residence or one time alimony/compensation/settlement. She cannot claim right over his property. 

She can oppose the divorce until she get reasonable alimony or maintenance. 

As advised she can also seek relief against the abuse she has gone through in his hands.

If she fails to appear before the court and oppose his Petition, there is chance of he getting ex- parte divorce.
Sandeep Hegde
Advocate, Bangalore
361 Answers
97 Consultations
4.8 on 5.0

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