Karishma Pandit | Legistify

Karishma Pandit
Answered on 19 Aug 2019

"Domestic violence" refers to many kinds of abuse committed by a member of a family, a household, or an intimate partner against another member of the family, household, or against the intimate partner. "Domestic Violence" also refers to many forms of abuse committed by one person against another in certain dating relationships or engagements. You can obtain a restraining order to protect you if your abuser harms you physically, tries to harm you physically, makes you afraid that serious physical harm is going to happen to you, or threatens, pressures or forces you. order,"  You can file a divorce case on the grounds of domestic violence and physical abuse with the help of a divorce lawyer.Read More

Posted on 16 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 17 Aug 2019

No, court proceedings cannot be attended over video conference in India. You have to be physically present at the court for all the hearings. You need to hire a divorce lawyer to defend the domestic violence case and Section 498A case.Read More

Posted on 16 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 16 Aug 2019

In case of mutual divorce, both the parties need to file a petition together seeking a divorce before the District court. Before such filing, the couple needs to make sure that they are living separately for a period of one year or more. You cannot file a mutual consent divorce if you have been living together for the past 8 years. Read More

Posted on 12 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 16 Aug 2019

After the Marriage Laws (Amendment) Act 1976, cruelty has been made a ground for divorce as well as judicial separation.  In the absence of a positive act of cruelty, a party is not entitled to obtain a decree of divorce on the grounds of no understanding. However, a mutual consent divorce can be obtained when the husband and wife both agree to get a divorce.Read More

Posted on 11 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 16 Aug 2019

Evidence that can be used by you are: Birth of an illegitimate child Contraction of venereal disease by the unfaithful spouse Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extramarital affair Evidence of visit(s) to a brothel Confession of the spouse of committing adultery Whatsapp messages or email exchanges that come to your knowledge or possession Paternity test report of a child, etc You can apply for separation on mutual grounds if both of you agree to get a mutual consent divorce amicably.Read More

Posted on 11 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 14 Aug 2019

Cyber Crime Police will not accept such a complaint because it does not come under Cyber Crime offence. He can only file the adultery case in magistrate court and can use the recorded conversation as evidence in magistrate court not in family court.Read More

Posted on 11 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 14 Aug 2019

Prior to the 1976 amendment in the Hindu Marriage Act, 1955, cruelty was not a ground for claiming divorce under the Hindu Marriage Act. It was only a ground for claiming judicial separation under Section 10 of the Act. By 1976 Amendment, Cruelty was made ground for divorce. The words, which have been incorporated, are "as to cause a reasonable apprehension in the mind of the petitioner that it will be harmful or injurious for the petitioner to live with the other party". The Hindu Marriage Act-1955 has given the legal provision for divorce on the basis of cruelty under section – 13(1) “Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”. You can consult a divorce advocate to file a divorce petition on the grounds of mental cruelty.Read More

Posted on 11 Aug 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 13 Aug 2019

One sided divorce or contested divorce can be filed on the grounds of cruelty (mental, physical, emotional torture) PROCEDURE FOR CONTESTED DIVORCE- Consult a divorce lawyer in India and explain all the facts to him. He must prepare a plaint with all relevant facts and circumstances narrated by you with all the proof of marriage. The petitioner must sign the petition with affidavits, vakalatnamas in the presence of the notary. Once the court is satisfied with the petition a notice will be sent by the court.  Read More

Posted on 11 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 13 Aug 2019

If the husband fails to pay the interim maintenance to the wife, only a warrant can be issued for levying the said amount by filing an appeal under Section 29 of the DV Act. You can consult a divorce lawyer in India to know more about filing an appeal for execution.Read More

Posted on 11 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 13 Aug 2019

Section 13 of the Act provides for 15 grounds under which a spouse can file for Contested Divorce in India. The 8 major grounds under which a Contested Divorce is usually filed are: If a spouse, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or If a spouse, after the solemnization of the marriage, treated his/her spouse with cruelty; or If a spouse, deserted his/her spouse for a continuous period of not less than 2 years; or If a spouse, has ceased to be a Hindu by conversion to another religion; or If a spouse, has been incurable of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with that spouse; or If a spouse, has been suffering from venereal disease in a communicable form; or If a spouse, has renounced the world by entering any religious order; or If a spouse, has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of him/her, had he/she been alive. If a person wishes to divorce his/her spouse, his/her case needs to fall under one of these grounds, or else the case would most likely be dismissed by the Court on the very first hearing itself. Incompatibility between the couple and/or irretrievable breakdown of a marriage is not yet a valid ground for filing a Contested Divorce as per the Hindu Marriage Act in India. Now, coming back to your question, Yes, one year condition to live separately is also applicable to divorce on the ground of domestic violence. The condition of one year is also applicable over a case of mutual consent divorce in India.Read More

Posted on 12 Aug 2019 | 1 Answer