Let the couple either opt for contested divorce or mutual consent divorce. You can send a legal notice for initiating Divorce.

1.  Better to opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

 2.  In the joint petition to be filed by both husband and wife for dissolution of their marriage (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3.  The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Hello,

she is not required to pay anything. 
divorce can be filed by her on the ground of mental cruelty. 

Regards

If he is earning by way of services or business than no need to worry about pay him alimony. but your mother can go for divorce on adultery ground.

File for divorce on grounds of mental cruelty and adultery 

2) husband guilty of adultery is not entitled to any maintenance 

Your father can work and maintain himself 

Yes, definitely. 

Your mother  may file divorce petition before family Court seeking divorce under section 13 (1)  (i) ( I a) and ( I b) of Hindu Marriage Act 1955 for  adultry, cruelty and desertion. 

Cruelty against wife before  family Court in a Civil proceedings is one of important ground of divorce. 

Alimony to spouse may not be granted for the reason of adultry under section 13 ( 1 )  ( I) of Hindu Marriage Act 1955.

1. If your mother has her own independent source of income then she can refuse to claim maintenance. 

2. However if she files divorce suit then your father can claim maintenance from her.

3. So without thinking much file a suit for divorce. Law alone takes its own course.  It doesn't matter whether you want this or not.

1. See your mother may file a divorce on the ground of cruelty and adultery, in case your father file for any maintenance or alimony same may be contested by your mother. 

See in case he has no earning he may ask for some maintenance your mother may contest same, see ultimately giving maintenance is the decision of the court and court may allow some maintenance or may reject same. 

It's on mutually and beneficial terms, which can be resolved amicably. Hence there's no compulsion to pay alimony. 

-  As per the Supreme Court, A wife has complete ownership rights over all her Streedhan, the gifts and money given to her before and after marriage. 

- Further, A husband cannot inherit any share in the property of his wife during her life time, and further a husband also has no right over the gift /jewellery/share benefits, which a wife received at the time of her marriage.

- Hence, legally your father is having no right over the income , property etc of your mother , and he cannot claim any right for his maintenance as well. 

- Your mother get mutual divorce after taking his consent , and has to file a joint petition for mutual divorce. 

- If, he not agrees , then your mother can file a divorce petition on the ground of cruelty and adultery. 

So go for mutual consent divorce. 

I can make them understand 

In case of adultery your mom doesn't have to pay alimony. She can file contested divorce if father is not ready for Mutual divorce

Your mother can very well file a divorce cae on the grounds of adultery (if she has substantial evidence to prove it)  or on the grounds of cruelty.

You can consult a local lawyer and proceed on the basis of the suggestions received.

Your mother need not pay him alimony.

Merely possessing immovable assets would not entitle him to seek alimony from her.

He has to prove that why did he quit his job and also he do not have any assets or income  which has to be supported by documentary evidences.

If he is physical healthy and has previous work experience according to his skill set can work. on this ground you can deny alimony to him. 

Dear Sir/Madam,

You may try for mutual divorce as follows or ask your mother to file divorce petition and let the husband contest. 

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Divorce by Mutual Consent in India- Step by Step Procedure

What is divorce by mutual consent?

Under Section 13-B of the Hindu Marriage Act, , the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

When can the divorce by mutual consent be filed?

The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage.

They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife.

Where to file the divorce petition?

In the family court of the city / district where both the partners lived together for the last time, which was their matrimonial home.

Are there different laws of divorce for different religion in India?

There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954.

How to file divorce petition by mutual consent? What happens in the court?

The divorce petition is in the form of affidavit, which is to be submitted to the family court. After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months.

After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court.

Can any one party withdraw the mutual consent petition after filing in the court? What will happen by that?

During this period of 6 months when the petition is pending in the court, any of the partner is fully entitled to withdraw the mutual consent by filing an application before the court stating that he/she does not wish to seek divorce by mutual consent.

In such circumstances, the court grants no divorce decree.

What can the other partner do under such circumstances?

There is no option available to the other party to such circumstances except to file a normal petition for divorce under the provisions of the Section 13 of the Hindu Marriage Act, 1950.

In such a situation divorce can be granted only on certain specified grounds like cruelty; desertion; voluntary sexual inter-course with another person; the other spouse being of unsound mind; conversion of religion by the other spouse; Leprosy; venereal disease; a spouse having renounced the world or being missing for a period of more than 7 years.

Can the spouse consent for remarriage without getting divorce from existing partner?

Remarriage without getting divorce is a punishable offence with seven years imprisonment.

If either of the spouses is not heard for a long time, should the divorce be applied?

If there is proof of the absence of spouse without any information to the other spouse about his whereabouts for a continuous seven years period, a petition should be filed in this regard in the court.

When the divorced persons can remarry?

Depending on the nature of decree, after the expiry of three months from the date of decree if no notice of appeal is received by the person remarrying from the other person.

What are the costs involved in getting divorce by mutual consent?

If you hire an advocate, it will be somewhere from Rs 25,000 to Rs 75,000.

But if you get the documentation done by us and file on your own without a lawyer, the cost will be very very low. You will not have any problem in filing your petition with our guidance, and you will save a lot of money.

How much time does the whole process take from filing the mutual consent petition in the court till the passing of the decree (judgment) by the court?

It takes from six months to one year from the date of filing of the petition. It varies from case to case & place to place.

Dear Sir,

The case under the grounds of adultery and cruelty can filed in the family Court/District Court. 

Husband cannot ask for alimony. So your mother do not need to pay him anything.

Only in exceptional circumstances, husband can claim alimony, like physically handicap, unable to earn due to physical incapacity etc.

He is adulterer and drunker. NO alimony payable. Husband seeking maintenance from the wife can be treated only as exceptional case as normally he has got the liability or obligation to maintain the wife and vice versa is only exceptional.

You will not have to part any money. Mother will be seeking divorce because of the mental cruelty caused by the husband. 

Regards 

your mother can file divorce on grounds of mental creulty. no need to pay him alimony. 

Under section 24 of Hindu Marriage Act, even a husband can claim alimony from his wife if his income is petty or is unemployed. However, if the man is an able bodied person capable of working and is not working only to evade maintenance then the court may deny maintenance to him.

1. Your mother is free to file petition for dissolution of marriage on the ground of adultery and cruelty.

2. Unless she claim alimony from him he cannot be held liable to pay alimony.

If he agrees for mutual separation, just file and get the divorce.  She  need not pay anything to him.

If the properties are her self acquired / got from her parents, he has no right / interest.

Mutual separation, is best option, just settle the matter and enter the consent terms and file in the court, divorce will be passed. 

As stated above, your mother need not pay any thing  to him, other way round, she is entitled to alimony from him.

1. Your mother can file divorce against your father on ground of mental and physical cruelty.

2. She doesn't have to pay him any alimony or maintenance because a woman have to pay alimony only under exceptional circumstances where husband is disabled or not in condition to earn for himself.

She doesn't have to pay anything to him. File a divorce petition on grounds of cruelty adultery and domestic violence.

You don't have to pay anything. Just file the case and demand compensation from him. Ask for divorce.