there is no procedure to get divorce in Live-in-relationship, her marriage is legal with her husband without taking divorce from her live-in-partner,
My opinion on your queries are as under:
1. Should she file two cases, one criminal for domestic violation, and other civil ie. for divorce on the ground of mental cruelty or only one case?Stipulated period of 1 year is not yet complete.
Opinion: yes, she may file a domestic violence case against them/him, and she may also file a divorce case based on cruelty before 1 year of marriage but she has to be filed an application u/s 14 of Hindu Marriage Act-1955 and try to satisfy the court that this is a matter of exceptional hardship.
2. She is a working woman. Can she demand maintenance, alimony, marriage cost and valuables given to the groom at the time of marriage in her divorce petition on the ground of mental cruelty ?
Opinion: As she is able to maintain herself she is not entitle to get any maintenance and alimony but she may claim her Stridhan from them/him.
3. Can she file divorce cases from her parents city where she used to live, although marriage was solemnized in grooms city where he lives ?
Opinion: Yes she can, as per section 19 of Hindu Marriage Act-1955, she has right to file a divorce petition before the court in which area she is residing.
[ 19 Court to which petition shall be presented. ?Every petition under this Act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction?
(i) the marriage was solemnised, or
(ii) the respondent, at the time of the presentation of the petition, resides, or
(iii) the parties to the marriage last resided together, or
41 [(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or]
(iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residing outside the territories to which this Act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.]
Jurisdiction of the Court If a marriage is solemnised at a place within the municipal limit and the party reside there only, the family Court would have exclusive jurisdiction to deal with case. The case cannot be transferred to district court on a ground that the husband resides outside the limits of municipal corporation; Arjun Singhal v. Pushpa Karwel, AIR 2003 MP 189.
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