Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

Author Topic: Need Experts Advise on Divorce  (Read 327 times)

0 Members and 1 Guest are viewing this topic.

Offline needadvise

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Need Experts Advise on Divorce
« on: July 20, 2016, 04:21:23 PM »
Thanks a lot to all who are running this forum and helping the most needed persons. This is I am posting on behalf of my friend who is really in a great trouble and need expert advise.

He was married more then 10 years back and in that years he and his family faced lot of trouble n arguments from his wife's and his in-laws. He is staying with his family in the same house but he is staying on first floor and his parents are staying on ground floor kitchens are different and his parents clearly mentioned that he has no relation with his son and daughter-in-law but again n again his wife's parents come and started arguing with his parents and say we will file the complain against you that you and your son is not giving the money to my daughter for daily expenditure, this is the usual story from last 10 years, just now they again came and did the same drama so finally he decided to give the divorce and also his wife is also ready but they are asking 25 lacs as a compensation which my friend can't afford but may be his parent's can, else they are saying we will file the case against all. My friend's wife is still staying with my friend in the same house and she said I will go after taking the money. So I have following doubts it would be great if someone respond it :

1) What we can do to avoid arrest if they file the false case against my friend and his family?
2) My friend earning is not much and he is sitting on the shop with his father only but definitely he can't give 25 lacs?
3) My friend has one home on his home which was given by his father. so can she claim half of it?
4) My friend is alcoholic but he never did the physical torture to her but after drink he has used abusive words sometimes, and that also when she demands more money and in response she also did the same.

Currently all this point I remember and need expert advise.

Thanks in advance.
 

Offline advjaibansal

  • Veteran at Law
  • *****
  • Posts: 451
  • Karma: +12/-7
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: Need Experts Advise on Divorce
« Reply #1 on: July 21, 2016, 01:24:49 AM »
1) What we can do to avoid arrest if they file the false case against my friend and his family?
Ans. If wife files any FIR and the same is registered then please suggest the husband and his parents to join the investigation. There is a judgment passed by Hon'ble Supreme Court that no arrest can be made in 498A cases unless the compliance under criminal procedure is made out. Bail will be easily granted as its 10 years old marriage and wife has not filed any complaint till date.

2) My friend earning is not much and he is sitting on the shop with his father only but definitely he can't give 25 lacs?
Ans. Please try to negotiate if possible or else no one can force him to give the amount, not even the court.

3) My friend has one home on his home which was given by his father. so can she claim half of it?
Ans. Who is having the ownership of the house. As per law she has the right to reside in the matrimonial home but cannot claim ownership.

4) My friend is alcoholic but he never did the physical torture to her but after drink he has used abusive words sometimes, and that also when she demands more money and in response she also did the same.
Ans. That is not relevant now.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1097
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Need Experts Advise on Divorce
« Reply #2 on: July 21, 2016, 08:08:31 AM »
1) What we can do to avoid arrest if they file the false case against my friend and his family?
Ans: It is better to lodge a simple written complaint before the local police station about the entire incident briefly. This willwork in long run.

2) My friend earning is not much and he is sitting on the shop with his father only but definitely he can't give 25 lacs?
Ans: First ask your friend to live separately from his wife then question of divorce will come to picture.

3) My friend has one home on his home which was given by his father. so can she claim half of it?
Ans: No

4) My friend is alcoholic but he never did the physical torture to her but after drink he has used abusive words sometimes, and that also when she demands more money and in response she also did the same.
Ans: It will be question of evidence at the time of trial.

Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India