Team Legistify | Legistify

Team Legistify
Answered on 02 Dec 2019

You need to file an RCR petition under Section 9 with the help of a divorce lawyer in India. This is for restitution of conjugal rights. You can also file a criminal complaint against your wife for marrying again without divorce.Read More

Posted on 29 Aug 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 27 Nov 2019

Under present circumstances, you can seek a divorce from your husband under section 13 (1) of the Hindu marriage act. In your situation, it seems that the following three conditions are satisfied:- Adultery (must be proved beyond doubt) cruelty desertion (if he is staying away from you for more than 2 years) You can obtain a divorce from your husband if you can prove any of the following ground and as in your case all three situations are getting satisfied, you can obtain a divorce from your husband in an easier way. You will also be eligible to receive alimony from your husband, the amount of alimony will depend on how well your case is argued in the court, so you must hire an expert divorce advocate who can represent your case in the best possible manner  Read More

Posted on 11 Nov 2019 | 1 Answer

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

Riya Chopra | Legistify

Riya Chopra
Answered on 14 Nov 2019

It would have been more helpful if you would have mentioned your religion. Presuming that you are a hindu, you can definitely file for divorce on the grounds of adultery on part of your husband. But its really important that you gather the right proofs for the same to present in court.Read More

Posted on 13 Nov 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 13 Nov 2019

Adultery is no longer a crime, so a criminal complaint is not possible. However, the wife can file a divorce petition and maintenance petition against the husband.Read More

Posted on 13 Nov 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 11 Nov 2019

No one can stop you from getting a divorce if you want one, with the possible exception of the court. You can file a divorce petition properly with the help of a good divorce advocate in India so that your chances of winning increase.Read More

Posted on 06 Sep 2019 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 06 Nov 2019

She can file FIR against her husband. His marriage is void as without filling for divorce he can't marry any other woman. Firstly he has to give divorce if they both don't want to live together and further she can claim maintenance. It is advised for her to consult a divorce attorney.Read More

Posted on 20 Oct 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 05 Nov 2019

Grounds on which the Order of Maintenance can be refused: That a wife living in Adultery, That without any sufficient cause or reason she refused to live with the husband, That she and her husband are living apart by mutual consent. Read More

Posted on 20 Oct 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 23 Oct 2019

As your NRI husband has abandoned you here in India and he did not renew your visa, you can immediately file a complaint/ FIR under 498A IPC on grounds of cruelty with the police in the local police station in the area where you were abandoned. You can file the divorce on the ground of cruelty. If both the spouses are Indians and have been married under the Hindu Marriage Act, 1955 then they can seek divorce with mutual consent under section 13-B that provides for divorce by mutual consent. there is a clause for divorce after conditional green card- "A divorce or annulment may pose a problem if you obtained your green card through marriage to a U.S. citizen or permanent resident. In these cases, USCIS issues a two-year conditional green card. Consult a divorce lawyer in India to know the best remedy.Read More

Posted on 20 Oct 2019 | 2 Answers

Aayushi Sang | Legistify

Aayushi Sang
Answered on 19 Oct 2019

Yes one can file a contested divorce with the help of a divorce lawyer. In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions. Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse. Adultery In India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery. Desertion One spouse deserting the other without reasonable cause (cruelty, for example) is a reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason. Conversion Divorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before a divorce can be filed. Mental Disorder If the spouse is incapable of performing the normal duties required in marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed. Read More

Posted on 11 Sep 2019 | 1 Answer