Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 11 Sep 2019

You cannot take your kids without your ex-husband's permission if they are minors (less than 18 years) and if you don't have the custody. If you have the custody or if they are major then you can take them with you. Read More

Posted on 06 Sep 2019 | 1 Answer

Dhriti Dewan | Legistify

Dhriti Dewan
Answered on 28 Aug 2019

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 a contested divorce. The spouse has to file the case in the Court of appropriate jurisdiction prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and contested divorce decree will be drawn up accordingly. Similarly, the petitions for alimony and child custody can be filed against the spouse with the help of divorce lawyers in India. As per section 494 of the Indian Penal Code, Bigamy is an offence. According to the law whoever in the lifetime of existing husband/wife marries someone else, such marriage by reason of its taking place during the lifetime of such husband or wife, should be considered void and should be punished for such offence. The punishment includes imprisonment which may extend to seven years and fine too.Read More

Posted on 21 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 25 Aug 2019

Child custody is given by the judge of the court, and the spouse does not have the right to deny custody. If the court has given you the custody, the husband can't take the custody until he challenges the custody of your son and if courts find you incapable in that situation, only then you will lose the custody. However, when the child is 6 years old, the mother is given the first presence.Read More

Posted on 14 Aug 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 23 Aug 2019

You can seek a contested divorce from your husband on the grounds of Cruelty under section Section 13 of the Hindu Marriage Act 1955 and ask for maintenance as you have a kid under section 24 and Section 20 Domestic Violence Act which stipulates payment of monetary relief to wife for meeting the expenses incurred and losses suffered as a result of the domestic violence including but not limited to loss of earnings, medical expenses, loss caused due to destruction, damage or removal of any property from the control of aggrieved person. You can consult a divorce lawyer to file a divorce and maintenance petition against your husband.Read More

Posted on 22 Aug 2019 | 1 Answer

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

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

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 01 Aug 2019

You can hire an advocate regarding the issue he can represent you in the court and help you to get child custody and also help you to restore the marriage. READ: Child Custody Laws in India You can consult our expert divorce law lawyer in India who will help in getting you the child custody.Read More

Posted on 31 Jul 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 25 Jul 2019

1) You can file for divorce on grounds of mental cruelty under section 13 of Hindu marriage act. READ: Grounds for Divorce under the Hindu Marriage Act,1955 2) In the said proceedings you can also seek custody of your child as well as maintenance from your husband for your self and kid. 3) If the police is not taking action on your complaint you can move to HC by filing habeas corpus petition to direct production of the child which has been kidnapped by father. 4) You can also file a domestic violence case against your husband and seek alternate accommodation and other reliefs. READ: Child Custody Laws in India You can consult our experienced divorce lawyer in India who will guide you better in your matter.Read More

Posted on 19 Jul 2019 | 1 Answer

Advocate Kishan (Retd. Judge) | Legistify

Advocate Kishan (Retd. Judge)
Answered on 24 May 2019

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 on 23 May 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 10 Jun 2019

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 on 07 Jun 2019 | 1 Answer