Divorce - My sister has been married for the last 8 years Divorce - My sister has been married for the last 8 years

1 year ago

My sister has been married for the last 8 years and she isn't happy with her marriage. She also has a daughter of 4 years. The husband and in-laws never treated her the way she wanted to be treated and from the last couple of years she has been looking to get out of this relationship. Meanwhile while doing this she got attracted towards somebody else and wants to continue her life with the other person. Now when she decided to ask the husband about the divorce, he clearly rejected it on the grounds subjected to the child and he also has doubt that she might be having an affair. So what can she do to get out of this marriage and also have the custody of the child ?

Advocate Simi Paul

Responded 1 year ago

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A.Hi client,
Your sister can file a contested divorce case, a maintenance case and a custodial suit for her child against the husband.

Thanks and Regards
Simi Paul
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Vidhi Samaadhaan Vidhi Samaadhaan

Subhashis Paul

Responded 1 year ago

A.You are requested to approach an advocate who deals with divorce and custody matters in your local jurisdictional court and ask him to file a contested divorce suit and custody case against the husband of your sister on behalf of your sister stating all the tortures and harassment caused upon her by her husband and parent in laws since the inception of their marriage till date. If she is unemployed then she may also file a maintenance case against her husband for claiming monthly maintenance for her child and herself. She even have the option to get accommodation facility from her husband by filing a domestic violence case against her husband and parent in laws.

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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Your sister may file a divorce case and claim maintenance and alimony for herself and her child. She can also file multiple cases against husband and his family members to teach them a lesson.
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Anonymous

Replied 1 year ago

Thanks for the reply sir.
She is staying at her in-laws place now and when she raised the question of coming back home, the kid started crying as she wanted to be with her father. Now what do we have to do in this situation. If we file a case and the kid decides to stay with the father ? Is it an option ?

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Dear Client
you can file for the divorce in the court. Both the parents have an equal right over the child after divorce. If there is no mutual consent, the family courts decide who gets to keep the child and take his/her major life decisions.
Hope it helps.
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Anonymous

Replied 1 year ago

Thanks for the reply sir.
She is a business woman and is not looking for any alimony or property rights. But the area of concern here is now that she likes somebody else and wants to continue with this relationship also the husband has an idea about this wont it come up to her character and play a part in the custody of the child.

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Vidhi Samaadhaan Vidhi Samaadhaan

Subhashis Paul

Responded 1 year ago

A.She needs to file a matrimonial suit for a decree of divorce and also a suit for claiming total custody of her daughter against her husband from the competent court of law with the help of an advocate. If she is unemployed and have no source of income of her own then she can also file a maintenance case against her husband.
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Anonymous

Replied 1 year ago

She is a business woman and is not looking for any alimony or property rights. But the area of concern here is now that she likes somebody else and wants to continue with this relationship also the husband has an idea about this wont it come up to her character and play a part in the custody of the child.

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