Respected Sirs, My sister married since 5 years and has 4 year girl Child. Her husband lost his job and started torturing my sister and sent her my parents home one year back with child. Now he sent a legal notice that he wants Divorce and he claims that he cannot leave with my sister as she is not mentally fit . While her stay in his home, he and his mother tortured her and she became mentally depressed. We have taken her to psychiatric doctor and they have administered some medicine and she is absolutely doing fine now. While quarreling, they have recorded her voice and have proof of medicine taken for her mental illness. So, my request is... 1) Whether my sister will be given divorce? 2) If Yes, who will be the child custody? 3) If she was given divorce, will she be entitled to receive alimony as she is working privately for Rs 10,000 per month and her husband lost his job long back. But he has irrigation land (8 Acres) from an ancestral origin and couple of rents from shops etc and has own house in the name of his mother . His father died while he was studying. Kindly help our family please.
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1) merely because your sister is suffering from depression is no ground for divorce
2) depression can be treated with medicines
3) your sister would be awarded custody of child
4) welfare of child is paramount consideration
5) wife would be entitled to alimony as husband has income from agriculture and rental income
If there is substantial differences in their income court would award wife maintenance fir herself and child
1. Divorce is granted only if the allegations made in the case is proved. However in the case of mutual divorce no allegations need to be proved.
2. The mother is generally preferred for custody. However if the child stay with her then unless her husbands ask for the custody the custody will remain with her only.
3. She is not entitled to maintenance though the child is entitiled to.
Brother , her husband cannot divorce on her on such baseless grounds.. Your sister can file for monthly maintainance for herself and her child from her husband Under 125 Crpc .. Even if he is unemployed he is entitled to maintain his wife and child
1. Can't be divorced so easily. She can contest the case and prove her mental fitness.
2. That depends on who is the one who stakes a claim for the custody of the child and out of the two who is chosen by the court as fit to have the said custody.
3. Yes she can seek permanent alimony by way of moving an application in the divorce case. Her employment would have effected her chance to obtain maintenance from her husband but that will have no effect on claim as to alimony. Alimony can be granted irrespective of the fact that the husband is currently jobless provided he holds some movable and immovable assets.
this ground is not sustainable because if wife became ill after marriage it shall not constitute a ground of divorce under section 13 of the hindu marriage act. section 13 is very explicit that party to the marriage must be mentally ill at the time of marriage. so he cannot get divorce on this ground.
he has left his wife and child then he cannot get custody of the child. he is bound to maintain his wife and children under section 125. if you file a case for the offence of cruelty and domestic violence your sister can get huge compensation and life time maintenance.
1. Mental illness has to be such as in incurable, which has to be proved by her spouse if he files a petition for dissolution of marriage. If and when he does file it then your sister can contest his case fittingly.
2. The custody of child is normally awarded to the mother if the age of child is below 5 years. However, the paramount consideration is welfare of child whose custody is sought.
3. Since her salary is only Rs.10,000 per month she can file a case for maintenance to claim it for herself and her child. It is the duty of a husband to maintain his wife and children.
Respected sir, Thank you for the responses. Could you all please clarify that my sister will be entitled to any sort of alimony as all the property mentioned above are in the name of his mother and she is getting Rs.10,000 pm as pension. Husband has no source of income. Unfortunately, my parents dont have any source of income and they neither support her as they have crossed 70 and both are on medical treatment. My sister is really scared of going to her husband's house. Your response and help are really appreciated. Thank you all.
If all properties are in name of mother and husband has no source of income then your sister may not get any maintenance as she is earning Rs 10000 a month
1.if your sister is unemoloyed then she is entiledto maintenance along woth the child. otherwise only the chils is so entiled.
2. She can stay separate and then ask for maintenance.
Your husband is earning or not is not a question, if he is able to earn then directions will be issued to give you maintenance.
Your sister can get divorce and the custody of the child can be decided mutually and if not mutually then hse will have to file a case under section 25 of the Guardian and wards act.
Regards
1. Husband may have to beg or borrow, but he has to maintain his wife and children, else he has to go to jail. This is what the Supreme Court says.
2. Since your sister is scared of returning to her matrimonial home she may seek protection order under DV Act.
So, my request is...
1) Whether my sister will be given divorce?
Since your sister has recovered from her mental illness, it will not be possible for him to prove her mental illness before court hence his divorce case on that grounds may not sustain.
2) If Yes, who will be the child custody?
She can strongly contest and challenge his child custody case if he files one. The divorce case also can be challenged properly.
3) If she was given divorce, will she be entitled to receive alimony as she is working privately for Rs 10,000 per month and her husband lost his job long back. But he has irrigation land (8 Acres) from an ancestral origin and couple of rents from shops etc and has own house in the name of his mother
If his income is approved then she can claim maintenance for both herself and her child.
Could you all please clarify that my sister will be entitled to any sort of alimony as all the property mentioned above are in the name of his mother and she is getting Rs.10,000 pm as pension. Husband has no source of income. Unfortunately, my parents dont have any source of income and they neither support her as they have crossed 70 and both are on medical treatment. My sister is really scared of going to her husband's house. Your response and help are really appreciated.
Let your sister first file a maintenance case under section 125 cr.p.c.for herself and her child.
Allow him to come out with his defence, she can prosecute the case further on merits.