My son Sarang got married to a girl residing Akola in March 2016.She is being very belligerent nature. All of sudden she moved to Akola in May2016 and came to home with her father.She tied all of her belongings and went to the nearby police station with her father after threatening to all of us. Knowing all the facts, police asked her to write down the statement not to quarrel with the husband and the parents and go home. But she denied to write down and went to the Akola.She filed D.V. and other cases against all of us in Akola lower and session courts. We also filed divorce case in Nagpur court but it is transferred to Akola.Her parents and relatives advised her to divorce and be free but she is not ready to divorce at all.She is just wasting time and keeps asking us for alimony. We request you to suggest your solution on how long we should wait by considering the boy’s age of 43 years. Thanking you.
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
Contested divorce cases take over 5 years to be disposed of
2) if wife is not working she is entitled to interim maintenance and alimony from husband
3) best option is for divorce by mutual consent by converting existing petition of divorce into divorce by mutual consent
4) contest all false cases filed by wife
5) your son cannot remarry till divorce is granted by court
Divorce case will take sometime.
Obtain orders from the High Court for expedited hearing/disposal of the divorce case.
- If she is not interested to live with your son , then take her consent for mutual divorce which can be granted within a short period of time.
- Further , if she not agreed for mutual divorce or her demand is hefty , then you should continue the filed divorce petition for getting relief , if your son has valid ground for divorce.
- Further , if those cases filed by your daughter-in-law is false , then you can approach the High court for dismissal /quash of the cases.
- Further, your wife can also file a complaint against her daughter-in-law under the DV Act for the harassment .
To crat pressure, file application for restitution of conjugal rights.
You can file for divorce. If she is purposely not station with you then she can’t claim alimony
The divorce case filed by you at Nagpur has been transferred to Akola hence it has to be decided whether you can continue with the contested divorce or if she agrees then go for mutual consent divorce.
Since she is not agreeing for divorce, then you have no option than to continue with the divorce case.
If she is not employed and having no source of income then the monthly maintenance has to be paid
If you do not want to drag the issue any further then you may have to look for the ways to negotiate the amount and bring all these cases to close by reconciliation or through mediation
1. You shall have to wait till your son gets the decree of divorce for getting him married again. Otherwise he will face the charge of bigamy as per IPC punishable with jail term.
2. Contest the DV case filed by her and pursue the divorce case filed by your son diligently
Dear client, you can file a case under sec 120B of ipc for criminal conspiracy and under sec 506 of ipc for criminal intimidation for threatening you. And you can file an application for divorce in this case for wife filing a false dv case.
