What sequence of events to anticipate if wife files for divorce
5 years ago
Married 18 years..Two kids 17 and 12..Wife harassing for many years..forcing me and my father to live seperately in our own house...What will bs sequence of events if she files for divorce?
PURSHOTTAM LILARAM KHANCHANDANI
Responded 5 years ago
A.Approach court of law & seek divorce.
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Ambrose Leo
Responded 5 years ago
A.Under the law & Apex Court Judgement cannot force to live separately & leave parents particularly senior or aged parents it tantamount to cruelty and valid ground for divorce, better to consult a family matter lawyer from panel of Vidhikarya quickly for guidance & help.
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A.Dear Sir,
You may deny maintenance to her and divorce never allowed to her as she is supposed to reside with the in law. In vice versa you can seek divorce if you desire.
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India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
You may deny maintenance to her and divorce never allowed to her as she is supposed to reside with the in law. In vice versa you can seek divorce if you desire.
=========================================================================================================
India grants divorce to man whose wife refused to live with in-laws
India’s supreme court has granted a divorce to a man on the grounds of “cruelty” after his wife refused to share a home with her in-laws, effectively ruling that a married woman must live with her husband’s family.
Justice Anil R Dave, one of the the most senior judges in India, said the wife’s desire to leave her in-laws’ home was inspired by “western thought” and violated traditional values of Indian Hindus.
“In normal circumstances, a wife is expected to be with the family of the husband after the marriage,” stated the supreme court ruling, which also dismissed the wife’s attempt to kill herself as a plot to “torture” her husband and his relatives.
There is no legal obligation for men to live with their parents, so the ruling still allows couples to live independently if men choose to set up a separate home. But the case had been seen as a test, pitting the rights of women against traditional Hindu values.
Activists said the ruling left millions of women who were in unhappy marriages or with abusive husbands even more vulnerable.
“If you look at the language the court has used, it’s very regressive,” said Tenzing Chusang, from the Women’s Rights Initiative, a lawyers’ collective. “If you make the grounds of divorce very lenient for men, it makes the woman very vulnerable.”
Divorce in India carries a huge stigma: there are few financial provisions for divorced women, and little legal support.
Chusang said: “In India there’s no such thing as shared matrimonial property or equal division of assets. All she gets if the husband divorces her, and that too after years of litigation, is a minimal maintenance payment. What can she do? She has to stay.”
The judge said the wife’s claims that her husband was having an affair were fabricated, and that her suicide attempt was a devious attempt to manipulate her husband’s family.
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