Vaishali B Dunbale
Asked November 15, 2016

Troubles with daughter in law

  • 1 Answer
  • 618 Views

my daughter in law was not residing with my son she needed separated house for her she is an lawyer she is practising in mumbai .wat ever she earns she share with her parents and she always asked money fm me and my son for her .she took all the jewellary which we put on her .and now not ready to give back as well as not ready to stay also.

Answer 1

Hello Ma'am,

We are unsure what legal step you want to take.

One option is for your son to give her a divorce

If they have registered the marriage under the Hindu Marriage Act, then these are the grounds for divorce under Section 13:

1-Adultery

2-Cruelty

3-Desertion

4-Conversion

5-Unsoundness of mind

6-Schizophrenia

7-Virulent and incurable leprosy

8-Venereal disease in communicable form

9-Entering new religious order

10-Presumption of death

 

If they have registered under the Special Marriage Act, then these are the grounds under section 27:

1-voluntary sexual intercourse with any person other than his or her spouse

2-deserted for a period of not less than two years immediately preceding the presentation of the petition

3-undergoing a sentence of imprisonment for seven years or more for an offence as defined in the Indian Penal Code (45 of 1860); or

4- Has, since the solemnization of the marriage, treated the petitioner with cruelty; or

5-Has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind, and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.

 

Alternatively, Section 13B of the Hindu Marriage Act 1955 provides for divorce by mutual consent. The Period of separation is 1 year. However, conditions required are:

(i) Husband and wife have been living separately for a period of one year or more,

(ii) That they are unable to live together,

(iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed, Hence marriage should be dissolved.

 

Another option is to file for restitution of conjugal rights. In this, if either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights. The petitioner must satisfy the Court that the other party has without reasonable excuse withdrawn from his or her society. So, if your daughter in law has without reasonable excuse withdrawn from your son's society, he may file petition before the District Judge for such a relief. When he files such a petition, Court should be satisfied that he has a bona fide desire to bring his spouse back into his world.

If the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce. 

 

Agree Comment 0 Agrees almost 4 years ago

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