Advocate Mohd Mahboob | Legistify

Advocate Mohd Mahboob
Answered on 05:47 PM, 08 Jun 19

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

Posted at 06:20 PM, 07 Jun 19 | 1 Answer

Team Legistify
Answered on 05:13 PM, 10 Jun 19

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 03:57 PM, 07 Jun 19 | 1 Answer

Advocate Kishan (Retd. Judge) | Legistify

Advocate Kishan (Retd. Judge)
Answered on 12:08 PM, 24 May 19

Dear Sir, You may go for a divorce on the medical grounds as stated by you and also you get the child custody since the child’s welfare is in the hands of your wife, which not secure.Read More

Posted at 05:07 PM, 23 May 19 | 1 Answer

Team Legistify
Answered on 12:01 PM, 03 Jun 19

You can continue with the same case but you need to show that there was a reconciliation happened and still you both are not happy with each other. If court agrees then you can continue with the same divorce case but if court rejects the same then you need to file a fresh divorce petition. For better understanding of your case you can consult an advocate who is an expert in handling divorce matters in India. The advocate will help you and advise you in your matter and will suggest you how to proceeded further in your case. You can consult the best divorce lawyer in India.Read More

Posted at 07:53 PM, 18 Apr 19 | 1 Answer

Team Legistify
Answered on 07:35 PM, 18 Mar 19

The husband and wife can get a mutual consent divorce under Section 28 of the Special Marriage Act. It is a mandatory condition for the husband and wife to live separately for a period of at least 1 year before filing a divorce petition. The court has the discretion to grant a cooling off period for 6 months, during which the divorcing spouses have the option to withdraw their divorce petition. However, once this cooling off period is over, the couple have 18 months to file a second motion for their divorce through their divorce law advocate. After this 18 months period, the court grants a divorce on mutual consent. You can hire the best divorce lawyers near you through Legistify to file a petition for mutual consent divorce in India. There are basically 3 conditions which can be fulfilled to get a mutual consent divorce in India. These grounds are: Both the parties to the marriage have been living separately for a period of one year or more They have not been able to live together They have now mutually agreed for the dissolution of the marriage The petition for mutual divorce can be filled in these competent courts: The court having jurisdiction over the area where couple seeking divorce last lived together The court having jurisdiction over the area where marriage was solemnized The court having jurisdiction over the area where the wife is residing as of present Documents required to file an uncontested divorce include the following: Address proof of husband Address proof of wife Marriage certificate Four passport size photographs of the marriage of husband and wife Evidence proving spouses are living separately for more than a year. Evidence relating to the failed attempts of reconciliation READ: Rights Of A Husband In A Divorce MatterRead More

Posted at 07:17 PM, 18 Mar 19 | 1 Answer

Team Legistify
Answered on 01:04 PM, 05 Feb 19

You can send a legal notice to your wife for defaming you and file a criminal complaint against her. A criminal lawyer in India for the same and take a legal action against her under Section 499-502 of the IPC that lays down the provisions relating to criminal defamation. Section 499 of IPC states that:  Whoever, by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, is said, except in the cases hereinafter expected, to defame that person. It may amount to defamation to impute anything to a deceased person, if the imputation would harm the reputation of that person if living, and is intended to be hurtful to the feelings of his family or other near relatives. It may amount to defamation to make an imputation concerning a company or an association or collection of persons as such. Imputation in the form of an alternative or expressed ironically, may amount to defamation. No imputation is said to harm a person's reputation, unless that imputation directly or indirectly, in the estimation of others, lowers the moral or intellectual character of that person, or lowers the character of that person in respect of his caste or of his calling, or lowers the credit of that person, or causes it to be believed that the body of that person is in a loathsome state, or in a state generally considered as disgraceful.  Read More

Posted at 03:14 PM, 07 Dec 18 | 1 Answer

Team Legistify
Answered on 02:23 PM, 28 Sep 18

Your husband is residing outside India, but you can file for a divorce in India only. You must hire the best Divorce Lawyers in India and file a petition in the court having jurisdiction. Chances are that your husband might not be able to present in the court after he’s called for by a legal notice and then the court can pass an ex parte decree against him which means that the court will decide the case in your favour, given your situation. Your husband has harassed you and treated you badly for a very long time and you need not worry about this anymore, harassment (mental or physical) is a valid ground for divorce U/S 13-B of Hindu Marriage At,1955. This kind of behaviour is not at all accepted in a marriage. In a situation like yours, where the spouse is keen on ridicule the institution of marriage the divorce decree will be passed faster also. You must hire the Top Divorce & Alimony Lawyers in India who will help you get out of this toxic relationship and will also make your husband pay you the alimony that you deserve. Child custody which is also an issue is likely to fall with you as the court sees the welfare of the child as well as the kid’s wishes. You must consult the best Child Custody Advocates in India to help you get through with this process easily and effectively. Read More

Posted at 05:43 PM, 10 Aug 18 | 1 Answer

Team Legistify
Answered on 02:23 PM, 28 Sep 18

In India, getting a divorce is a traumatic and time-consuming process. Divorce is in fact, a frowned upon practice in our society. It can be really saddening for the couple and their relatives, even. Divorce is the complete breakdown of a marriage between two people. You must hire the best Divorce law advocates in India to make sure that your divorce proceedings go smoothly. In Indian legal system there can be two types of divorces that are likely to take place: Divorce by mutual consent – Uncontested divorce is a simple way of coming out of an unhappy marriage and dissolving the marriage legally. The consent of both husband and wife is of key importance. However, they still need to meet each other’s opinion on topics such as child custody, maintenance, alimony, etc. You must hire the best Child Custody Lawyers in India to see that you get equal rights and equal say when it comes to the welfare of your children. The only condition that needs to be satisfied for filing for a mutual consent divorce is that the marriage should have been in existence legally for a period of one year and that the husband and wife have not been living together for a period of one year as husband and wife. Once the petition for divorce has been filed, it may take up to 6 to 18 months for the divorce to finalise. Divorce by contesting – In case of a contested divorce, one of the spouses has to show the wrongs that the other spouse has done to the other spouse. They can be Cruelty, Desertion, Renunciation of the world, presumption of death, Venereal diseases, mental disorder, Conversion. This divorce situation can turn ugly and will take more time and money from both the parties. Custody of children, alimony, maintenance are still the topics for which the parties have to contest along with the process of divorce. Unlike a marriage where the consent of both the parties is necessary, in case of a divorce if only one party is willing the divorce will take place, irrespective of the wants of the other party. Which means if your wife wants a divorce she can file a petition. However, if you do not wish to get a divorce there are a number of steps that you can take such as: Discussing it with her, thinking about the money you’ll save, thinking about the future of your child and you can use a mediator that will help you for facilitating this process. Mediation is a process where a third neutral party can help you settle any disputes. It is way cheaper and less time and energy consuming than actual court proceedings. Mediation is a dispute resolution method which is beneficial when the parties are at a position where the problems can be solved by discussing them peacefully, with the help of a facilitator. But, if things don’t get settle down even after that you both can get a divorce by mutual consent and during the proceedings, you can get a decision on the topic of child custody even. Child custody will decide the time durations and visitation hours and the joint or full custody status of the child according to the welfare and benefits for the child. You must hire the best Child Custody Lawyers in India to facilitate this process. Other matters like alimony, maintenance, division of assets, etc. will also be decided during the divorce proceedings. You must hire the best Divorce Lawyers in India to make sure you get your rights after a divorce in the correct manner. Read More

Posted at 10:12 PM, 16 Jul 18 | 2 Answers

Team Legistify
Answered on 02:23 PM, 28 Sep 18

In case of a mutual consent divorce, the amount of maintenance and child alimony is generally pre-determined between the husband and the wife. The Court takes into account these factors while determining whether divorce by mutual consent can be granted or not. Moreover, you must hire the best divorce lawyers in India to help you in filing for divorce and to ensure that the terms are to your advantage. Alimony or maintenance is provided under Section 25 of the Hindu Marriage Act and is generally awarded if the spouse does not have the capability to care of his or her reasonable needs of life. Section 25 also states that maintenance can be granted at any time subsequent to the divorce petition having been granted. This amount can be granted as a lump sum amount or as a periodical payment as determined by the parties in case of an uncontested divorce and as determined by the Court in case of a contested divorce. The period for which maintenance shall be provided is also determined in this manner. Although there is no fixed amount or formula by which maintenance is determined, the Court generally takes into account certain factors in determining the same: Income of the husband Income and property of the wife to whom the maintenance is to be paid Conduct of the parties to the divorce Expenses that may be incurred in the upbringing and education of the children (if any) The social status of the parties Other circumstances and determining factors Duration of marriage Circumstances such as age and health of the parties You must hire the best divorce and alimony lawyers in India to help you determine the amount of alimony that you deserve to receive. Child custody is also pre-determined in case of an uncontested divorce and is determined by the Court in case of a contested divorce. To determine child custody cases, the Courts take into account the best interest of the child. When the child is below 5 years of age, the trend of Court judgments shows that custody is generally given to the mother. In case the child is above 9 years old, the choice of the child is taken into consideration. Hiring the best child custody lawyers in India will help you in catering to the best interests of your child. If you hire the best divorce lawyers in India, all factors related to your divorce such as child custody, maintenance and child custody shall be effectively taken care of. Read More

Posted at 01:05 PM, 13 Jul 18 | 1 Answer

Team Legistify
Answered on 02:23 PM, 28 Sep 18

If your husband is causing you mental cruelty you may file for a divorce under Section 13 of the Hindu Marriage Act. You must hire the best divorce lawyers in India to file your divorce petition and to get an easy divorce at the earliest. Mental cruelty is defined as the suffering faced by one of the spouses at the hands of the other such that agony or suffering leads to the bond between the spouses to get severed and it becomes impossible to cohabit. The mental agony, however, should be severe and it cannot be the ordinary wear and tear of normal every day married life. Hiring the best divorce lawyers in India will help you file for a divorce and to ensure that you get a hassle-free and easy divorce. In deciding matters of custody, the Court gives prime importance to the interests of the child of the couple. So the parent who is considered to have the primacy in ensuring the best interest of the child is generally given custody. You must hire the best custody lawyers in India to ensure that your child’s best interests are served. Custody of a child may be given as follows: Sole Legal Custody: When the eligibility of one of the parents is considered to be absolute over the other as the other parent has been proved to be unfit, sole custody is given to the parent fit for taking custody of the child. Joint Physical Legal Custody: This is a new concept of custody where both parents, being eligible, are given joint legal custody but one of the parents is given the physical custody and hence, will be the primary caretaker of the child. Third Party Legal Custody: When neither parents may be considered to be eligible for taking the custody of the child, the Court grants custody to a third party who is generally a close relative of the child. Under the Hindu law the trend in granting custody of the child by the Courts is that the mother generally gets the custody of the child when the child is below 5 years of age. When the child is above 9 years, the Court takes into consideration the will of the child. You must hire the best divorce lawyers in India and the best custody lawyers in India to ensure that you get an easy divorce and the interests of your child are best served. Read More

Posted at 10:41 PM, 07 Jul 18 | 1 Answer