Anonymous
in Family Law Civil Law Civil Procedure Law
Asked January 05, 2018

Mutual separation after harassment by wife

  • 3 Answers
  • 637 Views

My Brother got married on 28th feb, 2017, after 2months his wife starting torturing him for money. Also at the time of marriage it was decided that both the parties will contribute equally but her father refused to pay the full amount After that she started creating scene for every small issues and her parents guided her on the same.. Then On 25th October she left the house and went to her parents home in Rajasthan. Now, the situation has led to end the marriage. So kindly guide us how we can save ourselves from false allegation and also we want the Divorce case to held in Mumbai.

Answers 3

Dear Client, 

In the present situation, file an information petition and file a divorce petition as soon as possible.

Agree Comment 0 Agrees over 3 years ago

Divorce are of two kinds (i) Divorce (ii) Mutual divorce. If both the both the parties want a divorce they can file for mutual divorce u/s 13-B of Hindu Marriage Act or else you brother can alone file for divorce on the grounds of cruelty which includes both mental and physical cruelty u/s 13(1)(ia) of Hindu Marriage Act.

And regarding the jurisdiction your brother can file for divorce in the district court of Maharashtra under whose local limits he resided last with his wife u/s 19 (iii) of HMA which says that divorce can be filed where the parties to the marriage last resided together. 

Agree Comment 0 Agrees over 3 years ago

Hi,

Your wife have left the house, as you claim, hence it is not Mutual Separation it is Desertion by wife. Secondly, there is no way to save oneself from false allegations. You have to face them in court as and when such false allegation are made against you. Divorce Case can be held at the place where the couple last reside together, or Where the marriage was performed or where the the wife reside after seperation. Now you see where you can suit Mumbai in this situation. 

The best way to achieve all these purposes is to go for reconciliation and/or seek divorce on Mutual consent. All the best.

Regards

Ajit Lakhani

Agree Comment 0 Agrees over 3 years ago

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