I got married this year and we just got to know that my wife is not mentally sound. This fact was not disclosed by her parents before marriage. I am unable to concentrate on my work due to a disturbed marital relationship and want to file for a divorce. How can I take this forward?
Since it is within a year of marriage, you can file
for an annulment on the grounds of fraud as they did not disclose her mental condition to you prior to marriage. Has your marriage been consummated? If not, you can add non-consummation to the grounds as well. Hence, you need not file for a divorce but a decree of nullity instead.
My brother returned to India from Saudi Arabia last year after being kicked out by his in-laws who falsely dragged him into a domestic violence case. He has an 18-year-old son and a daughter who is 21. He had two flats worth Rs1.10 crore there. We contested the maintenance order, which came to Rs22,000 per month, in the session court. An order was also given for counselling but his wife refused to attend the same. He is currently living with our aged parents. In what proportion should the property be split as he does not wish to continue to stay with his in-laws? What can he do to come out of this crisis?
Where is the case pending? Which court has ordered him to pay maintenance? What is the current situation with the properties? In whose name are the properties and in whose possession? You can always appeal the order in a higher court if he is willing to carry out his financial responsibilities towards his children. He could also file for a divorce in Saudi Arabia if that is where he is residing or in India if he no longer wishes to carry on with the marriage.
I’ve been married for the last 10 years and have two kids. My husband and I haven’t had a healthy relationship for the last few years. People around us have been telling us to adjust for the kids’ sake, but I strongly feel that we’re beyond the effort-making stage. I have asked him for a divorce by mutual consent but he says that he won’t let me keep or see the kids if I divorce him. What should be my next course of action?
In such situations where there is so much animosity, it is best to go to a counsellor. In certain cases, s/he will suggest that the warring parties separate. In most cases like these, there is a platform for an amicable settlement. If not, involve family members or friends who can facilitate a settlement. If all fails, approach a lawyer and file for divorce and custody.
I’m working in Singapore and have filed for a divorce from my wife of two years. She is a working woman and we have no children. She is a devotee of Asaram Bapu and just spends time following his preachings. In fact, we haven’t even consummated our marriage. We tried to explain the situation to her parents but they do not answer our calls. The divorce is now being challenged in the Pune family court by my wife. She has demanded a) Rs2 lakh a month and a flat in Mumbai or b) Rs1 crore and a flat in Mumbai. I’m not sure what the judge is going to decide but how can we this defend this situation? Please help.
It depends on the contents of the petitions, the legal averments and prayers made. Ensure that you are aware of the ongoings of each court date and that your lawyer is up to date with all replies and rejoinders to her applications. Tell your lawyer to make an application to summon her income tax returns or her earnings and salary details from the company in which she works to prove that she is self-sufficient. There are recent family court, high court and supreme court judgements that can be used to reject her claim for maintenance and residence.