Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 22 Jan 2020

Proof of cruelty or the repeated infliction of serious physical or mental suffering by one marital partner on the other is also grounds for divorce. To obtain a divorce on the grounds of cruelty, the filing spouse must prove that the cruelty has made marriage intolerable for them.Read More

Posted on 16 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

In such a situation, you can file a maintenance case against your husband under section 125. Section 125 of the Code of Criminal Procedure, 1973 lays down the provision that states that when a man has sufficient means, he is liable to pay for the maintenance of his wife, children, and parents if they do not have any reasonable means to support themselves or suffer from any physical or mental incapacity. There is no limit of minimum or maximum maintenance under section 125 mentioned, it depends on the economic condition and discretionary power of the court.Read More

Posted on 17 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled. Termed as if you are not living with your husband from many years then it is known as Desertion and it is a ground for Divorce, you may file a case for divorce on that ground. A divorce case lawyer will help you with the same. He has to get service of summon through paper publication and then only you may get the Divorce decree, by way of Exparte. if he hasn't turned up after paper publication too.Read More

Posted on 21 Jan 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 22 Jan 2020

You can file for maintenance under Section 125 of CrPC, and can claim maintenance from your husband while living separately and the court will decide a decent amount for the same.Read More

Posted on 21 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

The judge will hear out the reason for the reversal in the stance of the wife. If he/she seems it proper, the case might be withdrawn, only if the wife through the counsel asks for it after wanting to go back to her husband.Read More

Posted on 17 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You can hire a lawyer who deals with cases relating to family law to get custody and access and visitation rights for the child. Young children are often handed over to the mother in the event of divorce.Read More

Posted on 17 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

You cannot be made legally liable to pay your wife maintenance if she earns and you do not have a job.Read More

Posted on 26 Aug 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

You can file a contested divorce petition against your husband along with a child custody and maintenance petition. You can consult a divorce lawyer in India to file your petitions.Read More

Posted on 02 Sep 2019 | 2 Answers

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You cannot ask your wife to resign unless you have no proper reason. She can file a case of harassment against you as you coerced her to resign which probably made her go back to her parents' home. Regarding a loan, you can build a consensus as to how it is to be repaid. The marriage has brought your families together and it is a matter to ponder upon for both of you.Read More

Posted on 09 Jan 2020 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 19 Jan 2020

There is no provision for stopping divorce by mutual consent, assuming you are one of the two parties involved. You may plead for annulment of the proceedings or argue against the divorce being granted, providing your reasons.Read More

Posted on 08 Jan 2020 | 1 Answer