Divorce - possible steps involved and time in following case
My brother got married in 2012,but not happy with his wife's behavior. After 8 months of marriage she left to her native place never returned for long time.Because of prestige issue we didn't take any action( like filing divorce , also because of lack of knowledge regarding consequences of law ),kept our hopes on talks among families and elder persons.Eventually with many rounds of talks she returned ,only to go back again after 6-7 months of stay. She has made mockery out of our silence.
Some in between events :
When she left for the first time, after some days we came to know a good news saying she is pregnant. But that cruel woman after some days punched herself to stomach and miscarriage happened.( we lost a baby.. That was very hard on us)
When she returned her behavior was totally different. Not mingling with anyone.staying in different moods always.Not respecting elders in home.
She always wanted a separate place to stay but my brother kept on denying.His point was my parents would be left alone( moreover they both are patients -Dad has already survived 2 heart attacks and mother a Diabetic patient and also once attacked with Brain stroke)
In this scenario if my brother wants to file the divorce what are the consequences, like how many days it will take to get the verdict, should he still pay the maintenance, and if anything more? ?
Some Info: she is working ; we haven't taken single penny as divorce
Please help me with the answer. My family is a very innocent one,but suffering a lot because of this woman.
Asked in Family Law from Mudhol, Karnataka
1) your brother can file fir divorce on grounds of mental cruelty
2) contested divorce cases would take 5 years to be disposed of
3) working wife is not entitled to maintenance
4) in the event wife files any false case of dowry harassment obtain anticipatory bail
Hi, Your brother has to file a petition for divorce on the ground of cruelty and one more thing if you able to prove the allegation made in the petition then only the Court will grant divorce to your brother.
2. No advocate will assure you with in the time limit they will complete the case normally it will take two to three years.
Nobody can predict the timeline of the case as this depends on local factors such as backlog of cases in the concerned court, judge-population ratio and efficiency of judge. His wife may hit back by filing complaints of domestic violence and dowry harassment which your brother should be prepared to contest. T
To make it easier on yourselves, sit with her and her parents, offer a one time solution for both your brother and his wife, offer money to them, (they might demand upto 25 lakhs) consider their offer, give her 10 lakhs take her consent for mutual divorce and rid your self of this misery. It is a suffering for your brother, seeing him suffer both your parents are also suffering. Put an end to this amicably.
If this approach does not work, then get ready to face a long drawn court battle. File the petition on grounds of desertion and cruelty, it might take upto 4 years before you get a verdict.
Your brother can file divorce under the ground Cruelty and desertion. If he files a divorce you can expect false case from her to your brother. Most probably the contesting divorce case take more than 2 years for getting a decree.
A Hindu male is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.
There are various factors that come for the consideration of the court while determining alimony. Section 24 of the Hindu Marriage Act empowers the Court to award maintenance pendente lite and litigation expenses to a party who has no independent income sufficient for his/her support in proceedings pending under the Hindu Marriage Act, 1955, having regard to the income of the parties. The Proviso to Section 24 provides that application under Section 24 shall be disposed of within 60 days of the date of service of notice on the opposite party.
The courts also have to take note of the fact that the amount of maintenance fixed for the wife should be such as she can live in reasonable comfort considering her status and mode of life she was used to live when she lived with her husband. At the same time, the amount so fixed cannot be excessive or affect the living condition of the other party. These are all the broad principles courts have to be kept in mind while determining maintenance or permanent alimony