They both seperated from each other as her husband used to beat him & insult him very much.So she left the house. My fr also had a daughter 8 year old who lives with her father.My fr has a kid of 15 mon who lives with her, born after they got seperated. Her husband says that she is not her kid and if she want to join him than she has to leave that kid.My fr is so sad as she was preganant when she left him and he is her real father. But my fr is so much fedup of her husband that she is illing for divorce and nothing less.BUt man is not giving it?Can she have divorce from him instantly so that she can get settled and have happy future.Kindly advice.?
2007-04-20 10:23:11 · 10 answers · asked by ashuji77 1 in Family & Relationships ➔ Marriage & Divorce
If your friend is an Indian, belonging to Hindu religion & married according to Hindu form of marriage, she can seek divorce from him on the ground of cruelty under section 13(1)(ia) of the Hindu marriage Act, 1954. All his actions points to cruelty both physical & mental. But the time consumed in such a case can take months & even years to decide in India. But another alternate for this is divorce by mutual consent under section 13-B of the same Act, under which a joint petition for divorce is filled by both husband & wife in the family court. This divorce takes lesser time but not less then six months. Usually this within a year or less this divorce is granted & they will be free.
2007-04-20 16:50:53 · answer #1 · answered by vijay m Indian Lawyer 7 · 1⤊ 0⤋
Every state has different laws on divorce. However, if she files for divorce in court she is the petitioner and he is the respondent. I believe it is illegal not to show up for a court hearing once you have been summonzed and he could be held in contempt of court, which includes fines and possible jail time.
Your friend needs to see a lawyer to help her with her situation. They have social services everywhere where she can get free legal council if she cannot afford to pay for an attorney.
As for the child born after she left, there are DNA tests that will prove whether or not he is indeed the father of the baby.
If he is abusing his child that is living with him, or has in the past, she can report it to the Department of Children and Families or whatever it is called in your area.
You say she has been abused too? She should get intouch with the local shelter for abused women and children. I'm sure they will be able to help her with all of the above.
Good luck. PS Only she can do all of this for herself. You cannot make her, just guide her. You are a good friend!
2007-04-20 10:35:35 · answer #2 · answered by Laurie Lee 3 · 1⤊ 0⤋
There is no quick fix solution. She should get in touch with a good lawyer and file for divorce in a courts. Courts will take time, but will ultimately force the husband to yield. The girl should strentgen her mind, start / continue work for living and look after the children. She should also send legal notice for maintenace costs for the children and herself from the husband. She should also ask the husband for DNA test to find out the proof about fathering the children.
If she is poor, she should immediately get in touch with a women's assistance/ welfare service organisatio.
2007-04-20 11:30:17 · answer #3 · answered by sensekonomikx 7 · 0⤊ 0⤋
Probably your Friend deserted her husband when he has stopped dancing to her and her folks tunes of demands and has misused the Indian laws for vested financial interests - and so her husband has decided to fight it out.
Ask her to quash the 498A and the DV and hand the custody of the daughter to her husband he will then divorce her - Indian men who have not taken dowery and has helped his best to support the wife's family and has been taken for a ride for the wife's folks vested financial interests and finally after realising that the poor victimised husband will not give any more of his blood money takes the step of deserting and then filing a Dowery Harassment, Domestic Violence Cases against the Husband and his folks with the pure intention to threaten, blackmail, extort and destroy the lives of the husband and his folks.
Such Victimised Husbands of India mostly highly educated and in high position have decided to fight even if it takes decades till they get their due justice and these women and her folks get convicted for misusing the Indian Laws for their benifits and pay the price.
Indian Women cannot continue any further misusing the law for their selfish motives, ie. extort then sue criminal charges get the husband and his folks imprisoned for no fault of theirs, extort money and then go ahead to marry another victim - so if you are a Man planning to marry her forget it!!
The current number is 8760 such victimised husbands and their folks from across the globe, fighting such cases and the number is growing everyday.
Such Indian Women misutilise the age old myth of Dowery harassment - which in today's world is still existent in India but to a very small extent. So they kind of manage to pour tears in the court spinning a fake story and get the sympathy from the Idiotic Gender Biased Indian Judicial System and destroy the Husband's life. There are cases where such Indian women have victimised atleast 7 husbands at one go!!
All this beating these days are done by the girls and they reverse the story and make the world believe it!!
A small count of the Misuse just from Bangalore
Wipro Bangalore – 1300
Whole Bangalore – 3200
97% Husbands from IT, 3% from rest of the fields.
1 Whole India across the last 6 years – 96% Misused, 4% Actual
2007-04-22 18:36:06 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yes, I can.
She needs to see a lawyer, get DNA test for paternity of the child and see the police with lawyer, you wrote "her husband used to beat him & insult him very much".
This is an immidiate grounds for devorce, he can end up in jail for beating.
He needs to provide child support also.
DNA test is 100% correct, courts will requier it and he will be requiered to pay child support, base on the results of the test.
PS:
If she is in India she needs to check both courts, Civil court for beating and matrimonial court if the marrage occured (registered) under special court arrangement in the sectorial court under sectorial laws (religious law of marriage divorce and sucession and inheritance). Some British coloney and UK may have similar provisions. British actuly created those court to allow religious freedom and non interfearence policy as far as religion was conserned. If it was a marraige by pundit then pundit maintains a record and it is submitted only to religious court from time to time.
2007-04-20 10:41:09 · answer #5 · answered by minootoo 7 · 0⤊ 0⤋
He would not might desire to agree. in case you have been separated that long the decide will grant it. you do no longer even want grounds. i can think of of three motives for him no longer desirous to divorce. one million. he's hoping for reconciliation 2. He information taxes at a similar time which saves him $$ 3. he's nervous approximately splitting the sources and having to pay baby help.
2016-10-28 13:58:22 · answer #6 · answered by blanga 4 · 0⤊ 0⤋
ask your friend to find a good lawyer for herself. my father a lawyer recently appeared for and against a divorce in two different cases and he is confident of winning both. it really depends on how convincing the lawyer is going to be, especailly if your friend wants the divorce badly
2007-04-20 11:31:10 · answer #7 · answered by Anonymous · 0⤊ 0⤋
she cant instantly divorce him but she can do the paperwork,, and have him served then he has to answer, and if he doesnt the divorce goes ahead as planned with a short delay,
2007-04-20 10:33:11 · answer #8 · answered by rich2481 7 · 0⤊ 0⤋
i dono sue!!!!!!!
2007-04-20 11:38:34 · answer #9 · answered by supercutee 3 · 0⤊ 0⤋
" SELFISH BASTARD"
2007-04-20 10:58:05 · answer #10 · answered by Anonymous · 0⤊ 1⤋