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

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

Advocate Mohd Ovais | Legistify

Advocate Mohd Ovais
Answered on 02:20 PM, 26 May 19

You can file a case of compensation in family court and you have many rights to stop divorce proceeding.Read More

Posted at 02:20 PM, 26 May 19 | 2 Answers

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There are two ways in which you can proceed with your divorce: contested divorce or mutual consent divorce. Certainly there is no need of any witness in case of divorce by mutual consent, if they are of sound mind. The Judge would verify again with the husband and wife on the decision of divorce and consent term if any and if both of you still agree and they want the divorce. It is granted if all other criteria are complied with. The Jurisdiction in the case of a divorce is where the marriage took place. In your case, the jurisdiction to file a divorce case is the place where you got married that is Bihar or the place where you both live together. For further clarification, you can consult a good divorce lawyer in India, who will suggest you better in your matter. READ: Divorce: Types, Concept And GroundsRead More

Posted at 10:43 PM, 27 Mar 19 | 1 Answer

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You can file a divorce on the ground of domestic violence against your husband and can claim maintenance from your husband with the help of an expert divorce lawyer in India, who will help you and advise you in your matter. READ:  Recourse for a victim of Domestic Violence You can also file a mutual divorce where you both can mutually take divorce and can mutually decide the maintenance. Mutual divorce is when you and your husband, both wish to end your marriage. In a divorce with mutual consent, the husband and wife amicably end their marriage by filing a joint divorce petition and mutually deciding the terms of their divorce like the maintenance/alimony, division of property and child custody when the children are below the age of 18 years. Since the terms of divorce are pre-decided, the court procedure in a mutual divorce is relatively faster than a contested divorce and it takes around 1-8 months to get a decree of mutual consent divorce. In a divorce case a wife has a right to get maintenance, if she is not able to maintain herself. READ: Maintenance Under Section 125 Of CrPCRead More

Posted at 10:47 PM, 27 Mar 19 | 1 Answer

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You can file a divorce case against your husband with the help of an advocate in India. Divorce, not only causes physical trauma to the couple but also causes mental trauma and add to this, it can also be a long-awaited and costly affair in India. There are two types of divorce one is mutual divorce and other is contested divorce. Unlike other countries, Indian law connects divorce with religion, like if you are Hindu, you have to fulfil the grounds and requirement of Hindu Marriage Act, 1995. READ: Divorce: Types, Concept And Grounds You may hire a good divorce lawyer in India, who can file a divorce case on your behalf. The lawyer will help you to file divorce and also help you in getting maintenance/ alimony from your husband.Read More

Posted at 07:43 PM, 28 Feb 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 10:24 PM, 26 Feb 19

With respect to your query, the legal opinion is as under:- (1) The divorce decree in favor of husband is granted only if desertion or cruelty by wife is proved. It depends on nature of evidence whether these factors can be proved or not. No straight jacket formula is there to guess the result in a divorce petition. The grant or refusal of divorce depends on quality of evidence. (2) If the divorce is granted, you can claim permanent alimony. Even Court is bound to grant permanent alimony. (3) If divorce is refused, no question arises of permanent alimony. To get maintenance from your husband you shall have to file separate suit for maintenance either before Family Court or before Magistrate under DV Act. (4) Even during pendency of divorce petition, you can file suit for maintenance, before this very Court or before Magistrate under DV Act.Read More

Posted at 10:24 PM, 26 Feb 19 | 2 Answers

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You can file a contested divorce on the ground of adultery with the help of a good divorce lawyer in India. As under section 13(1)(a) of the Hindu Marriage Act, 1955 lays down adultery as a ground for getting divorced from one’s spouse. A husband or wife can file a divorce petition and dissolve their marriage on the ground that the other spouse was indulged in an extra-marital affair or infidelity. The divorce attorney will draft and submit a contested divorce application with the court having jurisdiction over any of the following areas: Where the husband and wife are presently living. Where their marriage solemnised. Where the wife is living, if she is living separately from the husband. READ: Adultery As A Ground For Divorce In India On a ground of adultery you can seek divorce as well as maintenance from your husband, as you are not financially stable. Maintenance is an essential factor that is taken into consideration by the Courts while deciding on Divorce Proceedings in India. You can file a maintenance petition against your husband for claiming interim as well as permanent maintenance through a divorce advocate in India. Read More

Posted at 04:41 PM, 18 Feb 19 | 1 Answer

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Yes, your mother can claim alimony/ maintenance from your father. Under Section 125 of CrPC, a wife has a right to get maintenance from her husband without giving him a divorce. You can file a maintenance petition with the help of a family lawyer in India. Maintenance is an essential factor that is taken into consideration by the Courts while deciding on Divorce Proceedings in India. Section 125 of CrPC is an economic umbrella that makes provisions for maintenance to be provided to divorced wives to help them to maintain and support themselves both during and at the conclusion of Divorce Proceedings. Under Section 125 of the CrPC, if any person having a sufficient income and means refuses to maintain the wife who is incapable of maintaining herself sufficiently and brings about an application for the same, the Magistrate hearing the Divorce case upon being made aware of such refusal or neglect must award a monthly allowance for maintenance for the wife. The Magistrate may award any amount that she deems fit to be paid monthly or in such time intervals as directed by the Magistrate. The onus is on the wife to prove that she must be granted such maintenance. READ: Maintenance Under Section 125 Of CrPC However, your father got remarried without giving divorce to your mother. In this case your father has committed bigamy. This is an offence under Section 494 of the Indian Penal Code, 1860. For this offence your mother can file a case against your father and she can hire a criminal lawyer in India to proceed further.Read More

Posted at 01:00 AM, 13 Feb 19 | 1 Answer

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Maintenance is the financial support that a husband needs to pay to his wife when she is unable to sustain financially on her own during the divorce proceedings as well as post-divorce. Maintenance is paid by the husband either on a monthly basis or in a lump sum so that the wife can avail the basic amenities of life such as food, clothing, shelter, etc.  The concept of maintenance aims at putting the wife back to the same position of comfort and lifestyle as she was at the time when her marriage existed. There is no fixed amount of maintenance that the husband is liable to pay to his wife, and it is upon the discretion of a family court to fix the amount of maintenance that the husband needs to pay either on a monthly basis or in form of a lump sum. A divorce lawyer in India must be hired to file or defend a maintenance petition in India, in addition to a divorce petition and other legal formalities. The maintenance rights of a woman are governed by the personal laws applicable to her, and the maintenance rules differ under Hindu, Muslim, Christian and Parsi laws. The amount of maintenance to paid depends upon different factors. The courts rely on the provision of Section 23 of the Act while asserting the total maintenance that the husband needs to pay to his wife. The provision lays down the following factors that must be considered to fix a maintenance amount: The position and status of the husband and wife, Whether the wife has an actual claim for maintenance. If the wife is living separately, whether the reason to do so is justified. The wife’s total property and income. The husband’s total property, income generated from this property, and his other income. The total number dependents and their expenses borne by the husband. The personal expenses of the husband. A wife is required to file a maintenance petition in a family court which has appropriate jurisdiction to deal with the matter. The maintenance petition must be filed with the assistance of a good divorce advocate in India and must contain all the requisite facts and remedy sought from the court. The maintenance petition is filed with some necessary documents like an affidavit, documents relating to the income of both the husband and wife, etc. Read More

Posted at 02:01 PM, 12 Feb 19 | 1 Answer