Hi, In an arrange marriage, just after 4yrs of marriage husband stopped working. N he even got into fraud case by taking money for different people of AP state where they were living post marriage and went to his state orissa. Wife has just started working then with 5k salary. She has close the loan of all these people by selling her jewelleries n taking money from other ppl. She brought him back with the hope that he will start working and they can live peacefully. He came back but never wrked any full time since then, wife has to bear all expenses including maintenance of their mentally handicapped only child. His hostel fee etc. The nature of the husband is very abusive. He sleeps at home most of the time. She bought a house with lot of difficulty in that also he refused to take any responsibility as he does not want and he said i hv diabetics so i will die in 5 yrs so i dont care of any house. Before the house was bought and even after years the house was bought he always threatens to leave the house by starting to pack his stuff. Whn the wife got tired of all this mental turture she asked her to live the house but its been 4 years he is not at all leaving only make false promises. He does not want to take any responsibility for anything for every need he need to followed up and most of the time he will shout throw things. The wife is living separate from a year now. While still supporting all the expenses of the child including his medicine clothing or every other need. He is living in the house that she has bought. Now she wants to sell the house, in that also he is threatening he will not let her sell the house. Wife is been tired of his behavior n madness. He has been turturing her since the marriage time 1998 with all his bluffs and dummy threaning and lots of house pity fights. What is the groud that she can get a divorce? Does she have to pay him partition in her property which she has purchased with all her hard earned money? Does she have to bear his alimony? Kindly help
1. She is free to sell the house if the sale deed is registered in her favour. She can seek injunction from the court to restrain him from impeding the sale of property and delivery of possession to the buyer. He has no right to claim a share through partition if the sale deed is registered entirely in her favour.
2. The ground for divorce is mental cruelty.
3. She can also sue him to claim maintenance from him. No alimony is to be paid by her.
1) wife can file for divorce on grounds of mental cruelty
2) she can file domestic violence case against husband and seek a protection order restraining her husband from staying in house bought by her with her own savings
3) if husband is physically fit he should stand on his own feet and not be dependent on wife for maintenance
4) wife does not have to pay husband any share in her property
1. She can file divorce case on the ground of cruelty against her husband,
2. The said property belongs to her and there is no scope for partitioning it as her husband has no right on her said property,
3. Her husband might claim for alimony but there is hardly any instance in India where the Court has ordered alimony for an able bodied husband who prefer to sit idle at home.
1. She can file suit for divorce on the ground of physical and mental cruelty.
2. The property purchased by the spouses is not not liable for division between themselves. They are treated as their individual property.
3. Of husband is unemployed and wife earns livelihood,the husband is entitled to maintenance.
What is the groud that she can get a divorce?
She can file divorce on the grounds of mental and physical cruelty.
Does she have to pay him partition in her property which she has purchased with all her hard earned money?
If the property is on her name, nobody can claim a share in it nor anyone has any right in it including her husband or children. he cannot claim partition in it. if she decides to sell it, she can very well proceed, she need wait for him to give his consent. He cannot dictate any terms on her in this regard. She can lodge a criminal complaint against him for threatening and torturing her in this regard.
Does she have to bear his alimony?
Not necessary, she can very well repudiate the claim in case he filed one stating that the burden to take care of the mentally handicapped child as a strong reason.
Dear sir, thanks you for the response. do you suggest any good lawyer at Hyderabad gachibowli area, who is sensitive and can help her, as she has gone through a lot and looking have a life and future. also they both are from odissa but they are have been living in hyderabad sine more than 17 years her since 1998, him much before that, do the case has to be filed in Orissa or hyderabad,
1) you can search In kaanoon..com website for lawyers in Hyderabad
2) case can be filed in Orissa where marriage was solemnised or in Hyderabad where they resided after marriage
if her husband is mentally fit he should do job and become a bread earner. If he refuses to do so law cannot compel him to do so but court always presumes that husband is bread earner. Husband is bound to maintain his wife and children if he is mentally fit & able to work, he cannot take defence that he is not earning.
He is committing violence so she should file a case for compensation and maintenance u/s 18/19/22 DV act. Court shall admit her petition and shall pass order in absence of the fact that he is not earning. Case may be file where petitioner is lives or works for gain.
There is dearth for good lawyers in Hyderabad.
you can look for a good lawyer from the panel of lawyers of this forum too who may belong to Hyderabad or practice at Hyderabad.
If you dont find one suiting to your requirement, you may send a mail requesting for a lawyer to my personal email id which you can have it from my profile of this forum, I shall suggest a good lawyer at Hyderabad.
She can file for divorce and maintenance wherever she is residing. For Hyderabad based lawyers search this portal.
1.You can google search your lawyer of visit the local court for few days to witness the proceedings and select your lawyer,
2. In the instant case, you shall have to file the divorce suit at Hyderabad.