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

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: How does it work?  (Read 402 times)

0 Members and 1 Guest are viewing this topic.

Offline iloovatar

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
How does it work?
« on: September 27, 2016, 08:20:41 PM »
Hello to the lawyers of this forum,

I had a few specific questions regarding a case of my friend and his marriage.

Background

My friend has been married for about 4 years and the couple have a son (few months old). They belong to the same community. If relevant, they both have good educational qualifications and belong to middle class families. No dowry was given at the time of marriage. They have been living outside India (one of the European countries) immediately after their marriage.

The families of both sides started first to bicker on the issue of the expenses of the marriage, from the very first day after their marriage. The issue of the expense was raised by the girl's side. While it is unclear how much each side spent on the marriage. The girl's side claim they spent a fortune, which is untrue because the boy's side has proof they too did spend money on the marriage. Also, the expense of the marriage couldn't have been what the girl's side claim, as I personally witnessed the ceremony and was privy to personal exchanges of gifts on that occassion. Even a rough estimate of what the gril's side claim is untrue. Both the families blaming the other, and has reached to the point of character assualt. The quarrels has escalated to full blown cold war between the families.

During the first 3 years, the couple realised that they weren't compatible, but they have tried to work through their marriage. It wasn't easy, given that their personalities are poles apart. This has led to verbal and in some cases physical abuse. The details are too sketchy regarding the abuse from both sides. At the height of the emotional drama, my friend who is prone to anger couldn't control himself, and admits to the wrong doing of physical assault.  He has realised the gravity of his actions and has taken active therapy regarding anger management with full support of his wife. His wife, who accusses him of eveything has convinced herself that a couple's counselling is unneccessary, and that he is the one completely at fault. My friend has brought up the topic of a couple's therapy time and again, but she hasn't shown any interest in it. During this time, they have lived separately for nearly a year, until they got back together.

The problems have increased exponentially after they had a child. My friend wanted to wait until they completely settled their foundational issues before having a child. He calims to have been manipulated into having a child by his wife, who herself was unsure at the time of deciding. His in-laws, who are now living with them, started interfering with the couple's daily affairs. His mother-in-law(MIL) and wife have a strong bond and both of them have been taunting and passing shallow remarks at my friend and on his family. This has led to emotional stress and break down of my friend, who has tried his best to try to solve matters. His wife is completely indifferent to him and supports her parents. And the parents support her arguments too.

My friend feels that he is being fleeced staying in this relationship. While the crux of most of the arguments is either he isn't good enough for their daughter or that marriage expenses haven't been split or that his family reneged on marriage expenses. On all accounts this is untrue or there are half truths. My friend has already told them he is ready to pay the marriage expense in whole and has even worked out the amount. But they aren't convinced, and expect him to pay what they claim the amount is. From their side they haven't shown any expense statement supporting their claim, the numbers just change as per their mood.

The events described has put a heavy toll on my friend's health, emotional stability and his ability to perform at work. He is searching for psychiatrists there to get an assessment of his situation.

Questions:
1) Does a psychiatrist's evaluation have validity in our courts? If yes, then is there a body/council in which the psychiatrist has to be recognised?
2) IF proven by the psychiatrist (or psychiatrists) that if his wife/wife's family is indeed the problem then can he push for divorce and child custody?


Thanks in advance


Offline Advocate Ashok Yadav

  • Newlaw
  • *
  • Posts: 5
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: How does it work?
« Reply #1 on: October 01, 2016, 07:43:23 AM »
Yes you can get divorce, custody  but everything depends how well the case is presented and twisted and get you the  perfect remedy.



I assure there is nothing to be afraid for your wife cruelty etc against you and we can take many steps which will safeguard your future, mental trauma etc from many hurdles.
Please be free to contact then we can discuss in details.

Advocate Ashok Yadav

8898242424

Regards


Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: How does it work?
« Reply #2 on: October 05, 2016, 12:16:34 AM »
1) Does a psychiatrist's evaluation have validity in our courts? If yes, then is there a body/council in which the psychiatrist has to be recognised?
2) IF proven by the psychiatrist (or psychiatrists) that if his wife/wife's family is indeed the problem then can he push for divorce and child custody?


I am answering your queries jointly. There is no method or process in the court to test a spouse prior to case. So, you have to file divorce case against your wife and if your contention is true then you can go for medical test of your spouse with permission of court. If it is been found that she is suffering for psychiatric disease prior to marriage then you will get divorce else not but custody of child  will be given to you
Regards,

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

Offline iloovatar

  • Newlaw
  • *
  • Posts: 4
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Re: How does it work?
« Reply #3 on: October 10, 2016, 08:24:15 AM »
Thank you all for the replies.

 

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