Aayushi Sang | Legistify

Aayushi Sang
Answered on 19 Nov 2019

You can consult a divorce advocate in India to get a divorce from your husband. However, if your husband also agrees for a divorce, you can opt for a divorce by mutual consent.Read More

Posted on 14 Nov 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 18 Nov 2019

Under Section 13 (1) (iii) of the Hindu Marriage Act,1955, a spouse can seek a divorce from his/her partner if he/she is suffering from a mental illness of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent. However, OCD does not come under the ambit of this section as the disease is curable if proper care is taken. The same has been affirmed by a two-judge bench of the Punjab and Haryana High Court in a recent judgment of Jitender Soni vs Manisha Verma on 9 April 2019. So, you can use the above-mentioned case as a precedent to ensure that the divorce proceedings against you are dismissed and further, no need to pay maintenance will arise if the divorce petition is dismissed.Read More

Posted on 17 Nov 2019 | 1 Answer

Advocate Yogendra Singh Rajawat | Legistify

Advocate Yogendra Singh Rajawat
Answered on 18 Nov 2019

When the opposite party does not appear in person/through advocate in court after issuing a notice by court, the court pass ex parte order. In divorce cases, the court waits for 3-4 hearings and passes an ex parte order.Read More

Posted on 23 Jul 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

You can file an application with the court to put a stay on transfer of your case. Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

File a divorce case in the Family Court with the help of a divorce lawyer. Do not approach without a lawyer if you think that the case may be affected by the husband with illicit means.Read More

Posted on 22 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

Since you have filed a Restitution of conjugal rights petition under Section 9, you cannot file a divorce case unless you withdraw the case. Once you withdraw your Section 9 case, you can file a divorce case under Section 13.Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

If there is no consummation of the marriage, you can either opt for a mutual consent divorce if your wife also wants to divorce you, or file for annulment of an unconsummated marriage.Read More

Posted on 22 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

The wife can file an RCR petition against the husband with the help of a divorce lawyer.  To file a petition for restitution of conjugal rights, it is requisite that the following conditions are met: The spouses must not be living together. The withdrawal from the society of spouse must be made for no reasonable reason. The affected spouse must have filed for restitution of conjugal rights. Read More

Posted on 13 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

You can opt for a divorce by mutual consent if your husband agrees to divorce you. The joint divorce petition can be drafted to lay down the manner in which the joint property will be distributed equally, child custody and maintenance, etc.Read More

Posted on 03 Sep 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 04 Nov 2019

You can file an FIR against your in-laws and start criminal proceedings against them. Also, this will be a valid ground for Divorce. You can file a Divorce case in District court with the help of a divorce advocate near you.Read More

Posted on 09 Sep 2019 | 2 Answers