Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 05 Aug 2019

If there is any proof where it is written that you have already given the lump sum amount to her then there is no need of taking her request in consideration.  If you don't have proof, you can consult a divorce lawyer in India to know how to proceed against the wife's claim.Read More

Posted on 03 Aug 2019 | 1 Answer

Advocate Rajeev Srivastava | Legistify

Advocate Rajeev Srivastava
Answered on 04 Aug 2019

I have seen your query carefully and found that it is a fit case for filing a petition under section 12 of domestic violence act and seek the right to accommodation and maintenance for your friend and her daughter. Your friend can also send legal notice to his husband to refund her dowry property which is her streedhan. According to the several citations of the various high court and Supreme Court, your friend can file a petition under section 406 IPC against her husband for breach of trust if her husband failed to return her streedhan to her on her demand through the legal notice. Read More

Posted on 03 Aug 2019 | 2 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 03 Aug 2019

The divorce decree is appealable under section 28 of Hindu Marriage Act under section 39 of the Special Marriage Act and the appeal against the decree is to be filed within 30 days from the date of decree. Any orders pertaining to child custody and alimony are also appealable. In Hindu marriages, the appeal period can be relaxed from 30 days to 90 days. The appeal can be filed in High court and then to the Supreme Court. The decision passed by the Supreme Court is final and binding on both the parties. Still not satisfied with the information may be our experienced divorce lawyer in India who will guide you for the same.Read More

Posted on 29 Jul 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 13 Jul 2019

Generally speaking, alimony means an allowance or amount which a court orders the husband to pay to the wife for her sustenance. Our society consists of five major communities: Hindus, Muslims, Christians, Parsis and Jews. Each community has its own personal laws derived from religious scriptures, customs and traditions. Thus, the grounds on which a Hindu woman can seek divorce and alimony may not be the same for every community. Similarly, the law on alimony and maintenance also varies from personal law to personal law. For example, under the Hindu Marriage Act, 1955, both the husband and wife are legally entitled to claim permanent alimony and maintenance. READ: Maintenance Under Section 125 Of CrPC However, if the couple marries under the Special Marriage Act, 1954, only the wife is entitled to claim permanent alimony and maintenance. When a couple gets divorced by mutual consent, the decision on whether any alimony/maintenance is to be paid by either party is a matter of agreement between them. In such cases, alimony/maintenance could be paid by either the husband to the wife or by the wife to the husband subject to the mutual understanding between the couple. The court passes the decree of divorce on terms agreed between the couple. The decree binds the couple and is capable of being enforced by the court. READ: Maintenance under Hindu Laws Still not satisfied with the information you can consult with our experienced divorce lawyer in India can help you in your divorce matter.Read More

Posted on 12 Jul 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 10 Jul 2019

Yes, the current monthly income of yours will be the deciding factor judge will look into your monthly source of income your properties. The judge also decides the alimony by looking into the wife monthly income. Section 125 of CrPC provides maintenance to the spouse: Here the spouse can file a case on maintenance before the Court and after considering the income, assets and property of the spouse’s husband the Court will award or provide proper maintenance to the spouse as per the requirement. READ: Maintenance under Hindu Laws You can consult our experts in a divorce matter in India who will guide you for the same.Read More

Posted on 11 Jun 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 06 Jul 2019

Divorce can be obtained in 2 ways:- 1. Mutual Consent Divorce - There should be mutual consent of the husband & wife. The parties have to reach to a consensus on 2 issues that is alimony or maintenance and child custody. READ: A Guide to Mutual Divorce 2. Contested Divorce - Indian law recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc., for the aggrieved party to use as a ground for divorce. They have to file the case in the Court of appropriate jurisdiction prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly. READ: The Complete Process Of Contested Divorce In India You can also claim maintenance from your husband which is your legal right. You can claim maintenance only when you are unable to maintain yourself or not having any earning. You can consult our top curated divorce lawyer in India who can help you with the filing and also represent your matter in the family court.Read More

Posted on 21 Jun 2019 | 1 Answer

Advocate Mohd Mahboob | Legistify

Advocate Mohd Mahboob
Answered on 08 Jun 2019

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

Posted on 07 Jun 2019 | 1 Answer

Advocate Yogesh Navmahalkar | Legistify

Advocate Yogesh Navmahalkar
Answered on 28 May 2019

You can contest divorce case and file 498a, maintence,domestic case, RCR case also.Read More

Posted on 28 May 2019 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 03 Mar 2019

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 on 28 Feb 2019 | 2 Answers

Harini S | Legistify

Harini S
Answered on 28 Mar 2019

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 on 28 Mar 2019 | 1 Answer