I was married in 1997 as per Hindu rites. I lived as a couple with my ex-husband till 2005. We had a daughter in Feb 1998. 1999 onward my husband tried a new business venture and slowly started pawning my gold and other savings for money. During this time he intermittently held jobs. By 2003-2004 we started having serious financial troubles. My ex-husband also committed some fraud to get loans from banks etc. that's when I decided to leave. In 2005, I left him and moved to Navi Mumbai with a job. I wanted to support and educate my daughter and even got her admitted in a school in Mumbai. But my ex-husband created a scene and took her away to Bangalore, where they continue to stay. I filed a divorce petition in Jan 2008 from Thane court. I pursued the matter and summons were sent to my ex-husband but he did not accept the summons or show up in court. This petition/case was closed in 2013 due to the non-appearance of parties. I would now like to know how can I get a closure and divorce in this case? We have been separated for over 14 years now. Kindly help.Read More

Posted at 09:59 AM, 14 Jun 19 | No Answers Yet

Married on 04-03-2018. One 4 months old baby girl. My wife frequently threatening me saying that she will commit suicide. I am mentally distrubed and can't concentrate on my career. Help me how to proceed for divorce.Read More

Posted at 10:22 AM, 15 May 19 | No Answers Yet

I wanted to know about property claim from Wife on my property. I have completed a year of marriage and tried to manage but things are not in control so decided to file a divorce. So just before filing divorce wanted to about technical thing in the eye of Law. 1. I have own house which I have purchased recently after marriage with my own and with the help of Loan and property is in my name, so after filing the case, is there any claim she put on my house? If Yes, how much percentage or what is the solution to this? 2. How alimony cost is going to decide, is it on my current monthly/yearly income or how it is? Really I will be thankful for your response.Read More

Posted at 10:02 PM, 13 May 19 | No Answers Yet

My situation in bullet points: 1. Married in 2013 in Kolkata, while I was working in Delhi. Have been mentally abused and tortured by the wife from day one. 2. Wife in a government job in Kolkata (since 2006) and never lived with me (other than occasional two weeks vacation trip to Delhi). 3. Lost job and moved to Bangalore looking for jobs 2014 and since then no relation with the wife. 4. Even now she is in a job in Kolkata, I am in Hyderabad in a job. 5. Its' been 6 years after marriage that we never lived like a husband and wife and now I do not want to continue this marriage even if she is willing to (she is pressurizing me to take her back in my life but I am apprehensive about her passive aggressive mental torturing capabilities which took me to the point of depression and suicidal thoughts). Is there any way of getting a divorce from her if she is not willing? If there are any honest lawyer who can help me out with some advice. Thanking in advance 6. Is there any?Read More

Posted at 02:02 PM, 09 Jun 19 | No Answers Yet

Can Domestic violence case be filed after divorce? My husband and mother in law have been harassing and abusing me.Read More

Posted at 12:47 PM, 10 Jun 19 | No Answers Yet

Advocate Mohd Mahboob | Legistify

Advocate Mohd Mahboob
Answered on 04:59 PM, 07 Jun 19

You will give complaint to the police station and National commission of women http://ncw.nic.in/.Read More

Posted at 04:59 PM, 07 Jun 19 | 1 Answer

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Divorce happened when both the spouse are not willing to live with each other on certain grounds. You can file a divorce case against your husband on the ground of domestic violence. The Protection of Women from Domestic Violence Act, 2005, aimed at protecting women from abuse within the domestic environment. The definition of 'domestic violence' is well written and wide-ranging. It covers under its ambit physical, verbal, sexual, emotional, and economic abuse. It should be noted that it is a civil law meant primarily for protection orders and not to penalize criminally. READ: Recourse for a victim of Domestic Violence You can also file a divorce on the ground of doubting your character which is a ground for cruelty. For child custody, you need to file a separate case. Generally, in a child custody case, mother gets the child custody becasue of the bond and under Hindu Law the mother usually gets custody of the minor child, under the age of five. As your son is just two year old his custody will be given to. READ: Child Custody Laws in India You can consult an expert family law lawyer in India, who will advice you better regarding your matter and for the child custody. You can file a divorce case with the help of the best divorce lawyer in India, who will explain you the procedure and help you in file the case in the family court. READ: Divorce: Types, Concept And GroundsRead More

Posted at 08:21 AM, 06 Jun 19 | 1 Answer

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Your mother can file a divorce. But before that try to convince your father to stop drinking even though he don't stops then you can file a divorce. You can consult an experienced diovrce lawyer in India, who will help in your matter. There are two types of divorce, mutual divorce and contested divorce. In a mutual consent divorce, the husband and wife agree to file a joint petition to get divorced. The joint petition is filed through a common divorce lawyer in India, who can also assist the divorcing couple regarding other legal factors relating to a mutual consent divorce. A mutual consent divorce is attributed to a fast form of divorce, which saves time as well as money of the divorcing parties. It is considered as a more feasible form of divorce as compared to a contested divorce in India, as it involves lesser legal formalities and usually takes up to 6-12 months. READ: Mutual Consent Divorce in India Where as contested divorce is when one of the spouse is not agreed to give divorce. A contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion etc., known as matrimonial offences or crimes relating to marriage). The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce. READ: Contested Divorce Under Hindu Marriage Act, 1955 In your case if your mother and father both agree to divorce mutually then it will take less time and if one of them don't agree then you need to file a contested divorce petition before the court. For more clarification in your matter, you can consult an expert divorce lawyer in India or family law lawyer in India, who will explain you better aand suggest what is the correct way to procedure futher in your matter. READ: How to Consult a Divorce Lawyer In IndiaRead More

Posted at 08:36 PM, 01 Jun 19 | 1 Answer

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If you legally want to marry him the first thing is that he should get a divorce from his wife by filing a mutual divorce petition or contested divorce petition. As per Hindu law, a married man can't marry another woman before taking a divorce from his wife. In your matter he needs to file a contested divorce case as the wife is not agreeing to give divorce to him. A contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion etc., known as matrimonial offences or crimes relating to marriage).  The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce. READ: Contested Divorce Under Hindu Marriage Act, 1955 You can file a contested divorce in a family court with the help of the best divorce lawyer in India, who will help in filing your case in the family court.Read More

Posted at 11:49 PM, 01 Jun 19 | 1 Answer

Advocate Abhishek Singh | Legistify

Advocate Abhishek Singh
Answered on 06:28 PM, 29 May 19

According to Section 13 (i) (a) of the Hindu Marriage Act, 1955, mental cruelty is a ground for divorce and it is broadly defined as that moment when either party causes mental pain, agony or suffering of such a magnitude that it severs the bond between the wife and husband and as a result of which it becomes impossible for the party who has suffered to live with the other party. The conduct of the concerned party should be grave and substantial and it must be much more serious than the ordinary wear and tear of daily life. The question of mental cruelty has to be considered in the light of the norms of marital ties of the particular society to which the parties belong, their social values, status and environment in which they live. As in your case the way you have put it looks it has been come impossible for you to bear anymore and the acts of the wife are completely grave we can say that you are entitled to file a case of divorce on the ground of mental cruelty.Read More

Posted at 06:28 PM, 29 May 19 | 1 Answer