Hi

Why you guys are into the thing of you applying first or him applying first..

Go For MUTUAL CONSENT. Now a days it takes hardly a month for Divorce Decree via mutual consent.

For the child if they give him to you its done..If they dnt then you can file a petition under Guardian and Wards Act for the custody.

Also if you are looking for future of your sis then leave the thing of teaching him lesson by paying something. As you said your family is well settled. Then leave the monetary matter and look forward for a better future.

Thank You

1) Ask you sister to file maintenance case and DV act case.

2) Ask husband to give alimony and maintenance for son as well.

3) You don't have to apply for divorce, but still you can file alimony and maintenance case against him. 

No there are no such drawbacks. 

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a women can claim alimony if even she is the one who initiated the divorce proceedings. As per the thumb rule a wife can upto 1/3rd of her husband’s salary as the amount for maintenance in case she is not working. 

There is no harm in filing for divorce first if the spouses able to prove that the other spouse had committed some act which is a valid ground for divorce under the provisions of section 13 of the Hindu Marriage Act.

Your sister can file by filing application for grant of maintenance for yourself and her 10 year old child under section 125 of The criminal procedure code and the monthly maintenance amount would be awarded by the court to her and her child if she is unable to maintain herself and the child from her own income, or has no source of income.

Your sister also should not give the custody of child to them, during the pendency of divorce proceedings.

Also, a complaint under the provisions of section 12 of the protection of women from domestic violence act and be filed if she had subjected your sister to physical as well as mental violence during the subsistence of their marriage.

For any legal assistance in this matter, feel free to call. I would be glad to help you out in this matter.

Regards.

See if they both want divorce.they can mutually apply it I .Joint petition it will take same time and for.alimomy and the maintenance amount it can be decided and.agreement can be made for.divorce.

Further if they are asking your sister to file divorce she can file same on ground of cruelty and further.can give.a complaint for mental.harrasment and cruelty under.domestic violence act they will.come.running for compromise and mutual divorce.

1. There is no requirement to let her husband go scoot free and that too without securing her future financial needs. So first ask for mutual divorce with one time alimony. 

2. yes, do so and if he does not agree then file case for maintenance under PWDV Act.

3. Do not part with the custody of the child at all.

4. Yes and hence she will have to ensure that he is not taken away by her husband. Once it is secured then there is nothing to worry.

Your sister can file for divorce on grounds of mental cruelty 

2) seek interim maintenance for herself and child and alimony 

3) seek sole custody of her son 

4) welfare of child is paramount consideration 

5) court would award mother custody of child and husband would get visitation rights 

1.Instead of filing divorce petition you need to file police cases under Section 498 a and section 3 and 4 of Domestic Violence Act

2. You can file a case of maintenance to be paid for your sister by her husband under section 125 of CrPC in family court  and for her son as well but please be aware that in case of a divorce petition he will definitely seek the custody of his son as he is 10 years of old and any child above 5 years of age goes in the custody of his natural guardian which is father

3. Your sister can claim the custody of the child with visitation right of her husband it is dependent on the husband's custody claim as father is the natural guardian and custodian of more than 5 year old child.

There is no drawback if anyone of both the party receipts for the divorce proceeding and the ultimate result is missing it depends on the parties to follow up the case for early decision which could take minimum 2 years

1.  It isn't so, she can file a contested divorce on the grounds of cruelty and she can include all the tortures, humiliations and the cruel acts meted out to hr during the period of her stay in her matrimonial home.

Therefore there is nothing wrong in she initiating the divorce process, but before that let she retrieve her jewels and other household articles that belongs to her.

2. She can demand one time settlement amount from him at least towards the child.

3. Since the child is with her they cannot demand her that instead they can approach court seeking child custody by filing a case under guardians and wards act.

4. Let the child remain with her, if at all he wants custody, let him file a case for that 

Filing a divorce petition can be done by either side and generally is filed by the party which is more anxious to get divorced. Now there are no positive or negative points for filing first.

The marriage has failed as you have stated and therefore the petition should be filed. Alimony should be demanded for coping with an abusive husband and in laws. The cost of litigation should  also be borne by the husband. The court shall provide for that if prayed.

If the wife is not working she is also entitled to maintenance and the husband has to provide for the son too.

Regards 

1. The pace of process remains same irrespective of who is the petitioner.  

2. If couple wants to part ways quickly then they should file mutual consent divorce but it requires a positive agreement on all issues.

3. In mutual divorce the spouses themselves decide the permanent alimony to be paid and also child custody where the court simply puts the seal of its approval on it and passes a decree to dissolve the marriage.

4. If there is no consensus on mutual consent divorce then your sister can file a petition for declaration of guardianship and child custody.

1. Agree for the divorce only if he is ready to give alimony and jewels back.

2. if you want the divorce to happen in India, then after agreeing to such conditions both the parties can file a mutual consent divorce, 

Regards 

Dear Sir,

It is better go for mutual consent divorce rather than contested divorce.  If they were not ready to agree for this let them go for divorce.

The following information may kindly be read:

Like many things, there are also negatives to filing for divorce first. It depends on your situation because every relationship is different. However, some disadvantages of filing first revolve around money and strategy.

• You alert your spouse to your demands -When you petition for a divorce, you usually have to list your desires or demands. The other party sees this at the time they are served. This allows them to know exactly what you want and come up with a counterattack.
• Sometimes pay more fees -The individual who petitions for a divorce first might have to pay the filing fees. Because you go first, you may also have to pay more in attorney fees if your lawyer is busy gathering information.
• Set forth the dissolution of marriage -If you and your spouse are discussing divorce, you make it solid by filing for it. Usually in these cases, there is little chance of reconciling, since one party has already made the move.

Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.

Advantages of mutual divorce

Divorce By Mutual consent saves time, money and energy for both,•Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.Here are the list facts to be mutually agreed upon in the petition for Divorce by Mutual Consent:

Firstly: Custody of child;•Secondly: Alimony (lump sum maintenance to be decided between parties);•Thirdly: Returns of items (dowry, streedhan, etc); and•Fourthly: Litigation expenses.

The mutual consent divorce petition should also contain a joint statement by both the partners, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce.How does it work:In all there are two court appearances in a mutual divorce

First A joint petition signed by both parties is filed in court .•The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

Secondly In the first motion statement of both parties are recorded and then signed on paper before the Hon'ble Court.•Thirdly The 6 month period is given for reconciliation, (the hon'ble court gives a chance to the couple to change their mind)•Fourthly 6 months after the first motion or at the end of the reconcile period if both parties still don't agree to come together. Then the parties may appear for the second motion for the final hearing.•Finally Divorce decree will be granted as the Hon'ble Court may deem fit.

1. It is not clear whether your sister and her husband had already filed MCD petition and obtained the decree of divorce  and furher started living together or not. If yes, then there is not need for filing divorce application any firther since they are not remarried. If they had not got the MCD decree then they can again file the MCD petition which will be disposed of within 6 & 1/2 months from the date of its filing. If he refuses to sign any application for MCD, your sister can file a divorce petition claiming alimony, damage and cost.

2. He certyainly shall have to pay for the maintenance of his son till he attains adulthood.

3. & 4. Your sister can file a child custody case also claiming the custody of her child for his wlfare.

5. There is no draw back for filing divorce suit first. However, it will be  prudent on your partv to negotiate with him to jointly file a MCD petition on agreed terms to get faster relief since contested divorce suit take around 2 to 5 years to be disposed of.

You can file divorce and claim alimony from him. You can file maintenance application under section 125 crpc. You can file domestic voilence case and claim maintenance in it.