Can a husband file a domestic violence case against his wife and seek divorce?
I and my mother have been physically and mentally abused by my wife. We have two kids who are minors. I have CCTV camera recordings with voice as evidence of several instances, where my mother and I have been abused.
My wife is a psychopathic crazy woman and on suicidal mission, where she has threatened to kill my mother, kids and herself.
Can I as a husband, file a Domestic Violence case and/or Protection of Senior Citizen case against her and seek divorce on grounds of cruelty against me and my mother?
The property was initially in the name of my father and myself. Post my father's death, my mother became the 1st owner of the property.
Can my wife demand a financial share in the property for settlement?
Will I have to only pay for maintenance of my kids or will they have a share in the property, where my mother and I are joint owners?
If they have a share in the property, what is the percentage of share for two kids? Has the kid's share to be divided equally 50:50, or the ratio can be determined by me?
Have to calculate her one time alimony or financial settlement, with kids, if they decide to stay with the mother?
Can I seek custody of both my kids, even if they want to stay with their mother, not realizing that their lives will be ruined with her?
Approximately, how long will the court case go on till verdict is announced?
Asked 2 years ago in Family Law
Religion: Hindu
If my mother files a Domestic Violence case against my wife, can my wife be forced to leave the house, where my mother, wife, kids and myself are jointly residing?
Will I have to provide immediate accommodation to my wife, or she can be told to live in her brother's house?
If I have to provide accommodation to my wife, and 25% of my net income, doesn't justify another flat purchase, then, can I persuade her to stay on rent?
My mother has registered a will, stating that, after her death, her share of the assets such as property, bank balances, jewelry, etc. should be assigned to me, and my wife will have no right to claim on it, if both husband and wife go for divorce. Can my wife challenge this point and win a part of this claim?
Alimony of 25% of net income is for lifetime? For a one time settlement, what percentage of net income can be considered?
If kids will be in the custody of the mother, will my kids have share in the inherited properties from my late father and self acquired property? If yes, what percentage? Can I settle the amount in their bank accounts, even though they are minors, or settlement or name addition to property will have to be done once they turn 18 years?
Has the percentage ratio to be 50:50 among both the kids, or I can nominate the percentage or make a will, in either of the two kids or both?
Asked 2 years ago
The general information provided in case of Hindu Marriage Divorce is below:
If the alimony is being paid on a monthly basis, the Supreme Court of India has set 25% of the husband's net monthly salary as the benchmark amount that should be granted to the wife. There is no such benchmark for one-time settlement, but usually, the amount ranges between 1/5th to 1/3rd of the husband's net worth.
I am looking for a one-time alimony settlement with my wife, and paying for my two minor kid's maintenance separately.
Kindly advise if my housewife who is unemployed and I go to court to fight our divorce case, then, does the judge decide on one time alimony (accommodation plus maintenance) based only on 25% of my net income, or net income plus percentage of property assets and investments valuation such as Fixed Deposits, Shares, Mutual Funds, etc.?
I have a 13 year old daughter and 9 year old son. I will be paying for their maintenance separately, till they attain the age of 18 years. As per law, till what age, do I have to maintain their expenses?
Asked 2 years ago
I am considering to make an offer to my wife for a Mutual Divorce agreement, consisting of a one time alimony to my wife, plus monthly maintenance of my two minor kids. The one time alimony to my wife is calculated solely on the basis of 25 to 30% of my net income. The alimony is not sufficient to afford accommodation. My kids will be in my wife's custody initially..
If I propose to buy a 2 BHK flat solely in my name, and for their security, that I will not sell the property against their wish, can I register a partial gift deed in my kid's names, where I retain 50% share, and surrender balance 50% ownership to my two kids equally? My wife and kids, post separation, would be staying in the said flat.
Kindly confirm that, in such a case, only when both my kids turn 18 years old, then, my kids and myself will become co-owners of the said flat, and without the three of our consent, we will not be able to rent or sell the flat.
Will my wife have any financial right or share in the said flat, apart from only right to reside?
If my wife agrees to the above offer, and officially we get divorced through the Court, post which in a scenario, I die before my kids turn major, can my wife claim a share on my assets, or she will just be a guardian to my kids till they turn 18 years and become equal owners of my assets?
Asked 2 years ago
Has a one time alimony settlement to wife be settled via cheque payment only? Based on 25% of my net income, and wife's estimated expenses, I had calculated a one time maintenance amount. However, the amount is not sufficient to buy or rent a place for her. We have two minor kids, who will mostly be residing with their mother.
I don't want to offer accommodation amount to wife via cheque, as being a major, she can misuse the funds. For a mutual divorce consent, can I offer a one time maintenance amount to my wife, buy a property in my name only / my name plus minor kid's names, / only in minor kid's names, where my wife and kids will reside, plus pay for kid's maintenance into their bank accounts separately? Which of the previous question property
purchase options are best suitable for me? Can I offer such proposals to my wife for a mutual consent divorce or should it be entirely settled via cheque?
Asked 2 years ago