My daughter got married On 27th Mar 2022, Chennai. She is an employed girl. Within four weeks the boy stopped all normal conversation with my daughter and he showed a cold face and also denied entry to his home due to his mother's insistence. The boy refuses to give any reason for his behavior and the marriage remains unconsummated till date. The daughter is living with her parents from May 2022 onwards. On April 2023(After waiting for the statuary period of one year) the boy had sent a divorce notice with unsubstantiated reasons, in the reply to divorce notice on June 2023 was sent thru a lawyer my daughter expressed her desire to live with him as there are no valid reasons to initiate divorce proceedings. Till date there is no response from the boy or from her mother for her reply. All his relatives' efforts to perused him to lead normal married life is not produced any results ( Boy's mother is single mother from the age of 5 of the boy and she is extremely possessive about her son and it is the root cause for him to initiate divorce proceedings. ) What are the legal options available for my daughter ? By April 2024 the boy effectively comes under desertion category. Can my daughter apply for mental cruelty, domestic violence or desertion with a request to reimburse the marriage expenses of 15 lakhs and also one time compensation to end the marriage if there is no response from the boy. What are the legal options available to proceed further
Your daughter can file for divorce on grounds of mental cruelty
2) husband refusing to stay with wife amounts to mental cruelty
3) if you file for divorce after 2 years you can file for divorce on grounds of desertion
4) seek interim maintenance and alimony from husband
5) you can also file DV case seek alternative accommodation,maintenance and compensation for mental torture undergone by you
6) you are not entitled to marriage expenses
Yes she can file divorce based on desertion or cruelty as she wishes suitable to her or even both
Dear client,
In India, legal recourse for matrimonial issues like this falls under several provisions. Here's an overview of potential legal options available to your daughter:
1. Restitution of Conjugal Rights: This legal provision allows either spouse to request the other to resume cohabitation. If the husband continues to refuse, it can be used as a ground for divorce.
2. Domestic Violence Act: If your daughter has faced any form of mental or physical abuse, she can file a case under the Protection of Women from Domestic Violence Act, seeking protection, maintenance, and compensation.
3. Mental Cruelty: This is a ground for divorce under the Hindu Marriage Act. If the husband's behavior has been consistently cruel, causing mental trauma, it could be used as a legal ground.
4. Desertion: If the husband has abandoned your daughter for a continuous period of two years or more, she may have a case for divorce under the ground of desertion.
5. Seeking Compensation: Your daughter may request reimbursement of marriage expenses and compensation for the trauma faced due to the failed marriage. However, this might be harder to establish unless there's specific legal precedent or grounds for it.
Additionally, documentation of all events, communications, and evidence of attempts to reconcile or communicate with the husband could be crucial in building her case. You can reach out to us for further assistance
Your daughter can file
1 a petition for restitution of conjugal rights
2. Complaint under DV act seeking
Compensation towards acts cruelty against him and his mother
Return of her articles
To reimburse the expenses she incurred towards marriage
One time settlement.
3. Is she don't want to file RCR petition, she may file a contested divorce case on the grounds of cruelty
Your daughter can not force boy to live with your daughter against his wishes and desire, so it is better to initiate reconciliation process and if there is no chance of reconciliation then try to negotiate and settle for divorce by mutual consent. Though your daughter can file cases but it will spoil the situation and would adversely effect your daughter also. Tackle the situation strategically under guidance of a competent and experienced lawyer .
The Best option available to you is to go for:-
1) Divorce under Sec 13(I)(ia) cruelty and Sec 13(1)(ib) desertion.
2) Maintenance Petition under Sec 125 of Crpc, 1973
3) Maintenance during the pendency of the Divorce Petition under Sec 24 of H.M.A. 1955.
In the circumstances, your daughter may opt for dissolution of the marriage. If your daughter has suffered any domestic violence, she may very well seek a legal recourse. She can, of course, cite desertion and mental agony (of going through a difficult marriage) as reasons for divorce. In the divorce petition, suitable reliefs may be sought in consultation with your lawyer.
- If she wanted to live with him , then she can file restitution of conjugal rights petition before the family court.
- Further, she can also claim maintenance and residential right from him being the legal wife , after filing the complaint under section 125 CrPc or under the provision of DV Act.
- Further, if he files a divorce petition , then she can claim one time alimony from him .
