Karishma Pandit | Legistify

Karishma Pandit
Answered on 31 Aug 2019

One cannot perform a second marriage without divorce. If one does so, he can be booked under IPC 494 which may result in imprisonment up to 7 years with fine and second marriage will become null & void. According to Indian Law, the wife is not entitled to a husband's property after a divorce of she remarries or has an extra-marital affair. You can consult a divorce advocate in India to get further information. Read More

Posted on 29 Aug 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 16 Aug 2019

Evidence that can be used by you are: Birth of an illegitimate child Contraction of venereal disease by the unfaithful spouse Witnesses, photographs and videos (solely for the purpose of evidence, without violating any law of the land at the time being) of the commission of the extramarital affair Evidence of visit(s) to a brothel Confession of the spouse of committing adultery Whatsapp messages or email exchanges that come to your knowledge or possession Paternity test report of a child, etc You can apply for separation on mutual grounds if both of you agree to get a mutual consent divorce amicably.Read More

Posted on 11 Aug 2019 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 14 Aug 2019

Cyber Crime Police will not accept such a complaint because it does not come under Cyber Crime offence. He can only file the adultery case in magistrate court and can use the recorded conversation as evidence in magistrate court not in family court.Read More

Posted on 11 Aug 2019 | 1 Answer

Mohim Roy | Legistify

Mohim Roy
Answered on 02 Aug 2019

An injunction is a court order directing a person to do or not to do something. A woman has a lot of flexibility regarding what she can request the Court to order. For instance, if she is being stalked by somebody (including her husband), she can obtain injunctions against the person coming near her home or place of work, or even telephoning her. Section 498-A of the Indian Penal Code covers dowry-related harassment. As with other provisions of criminal law, a woman can use the threat of going to court to deter this kind of harassment. You can file an application under the ‘Protection of Women under Domestic Violence Act’ 2005 and Court will grant ORDER of Residence. By virtue of Section 27 of the Protection of Women from Domestic Violence Act 2005, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Judicial Magistrate seeking reliefs under the Act, within the local limits of which; a) the aggrieved person permanently or temporarily resides or carries on business or is employed; or b) the respondent resides or carries on business or is employed; or c) the cause of action has arisen, shall be the competent court to grant a protection order and other orders under this Act and to try offences under this Act. Any wife can present a petition to the District Court or the High Court for dissolution of marriage. The wife can file such petition under any of the following circumstance: 1. If her husband has exchanged his profession of Christianity for the profession of some other religion 2. If the husband went through a form of marriage with another woman 3. If her husband has been guilty of incestuous adultery since the solemnization of marriage 4. In case of bigamy with adultery 5. In case of marriage with another woman with adultery 6. In case of rape, sodomy or bestiality 7. In case of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro 8. In the case of adultery coupled with desertion, without reasonable excuse, for two years or more. Still not sure with the information may be our experienced divorce lawyer in India help you.Read More

Posted on 01 Aug 2019 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 24 Jul 2019

Without taking a Divorce in the first marriage, doing the second marriage is void and illegal. A Compliant can be filed in the court and before that you can file a compliant in the nearest police station for the. The punishment for bigamy is imprisonment, which may extend till 7 years or fine or both. You can consult our experienced family law lawyer in India who will help and advice better in your case.Read More

Posted on 23 Jul 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 10 Jul 2019

You can file a divorce on the ground of extra-marital affair but not on the ground of epileptic under Hindu Marriage Act as epileptic is no longer a ground for divorce. You can file a divorce petition with the help of an experienced divorce lawyer in India who will guide you on how to file take your case further. READ: Rights Of A Husband In A Divorce MatterRead More

Posted on 04 Jul 2019 | 2 Answers

Karishma Pandit | Legistify

Karishma Pandit
Answered on 05 Jul 2019

Firstly, Extra-marital affair and missing is a cruelty offence under 498A. Secondly, it is to be checked that what type of attacking from razor it is, if it grievous hurt it comes under Sec 326 of IPC. If she gets only a minor injury from the blade then it comes under Sec 324 of IPC And 2 months delay is not an issue because the limitation period is of 3 years under section 324 contains maximum punishment of 3 years and Sec 468 of Cr.P.C gives 1-3 years of imprisonment. If legalities are confusing you then you can consult our experts of divorce law in India who will you in filling the divorce petition.Read More

Posted on 18 Jun 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 04 Jul 2019

You can file the divorce case against your husband in the court. This won't be through mutual understanding. When you file the divorce case under section 13 of Hindu Marriage Act in the family court of your city, under the grounds of adultery then a notice will be sent to your husband by the court for appearance. READ: Adultery As A Ground For Divorce In India Then the case will proceed forward in the court. If still not sure with the information browse through our top experienced divorce lawyer in India. READ: How to Consult a Divorce Lawyer In IndiaRead More

Posted on 03 Jul 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 03 Jul 2019

Firstly, Adultery is no longer a criminal offence in India but its a ground for divorce and as far as divorce is concerned one cannot file a divorce until he/she has completed one year of his/her marriage. Also, a husband should maintain her wife therefore, it is the duty of the husband to maintain her wife. READ: Adultery As A Ground For Divorce In India Also, a wife is entitled to claim decent living standards & basic comforts of life by her husband as per his living standards. In case of Maternal family member, a complaint can be filed for threatening to kill. You can file a criminal complaint with the help of Most women who seek to escape a failed marriage are afraid to take legal action. Only when the situation becomes unbearable do they act; many just give up and keep on suffering their whole lives. It is better to be aware of your rights and responsibilities from the beginning, rather than regret not doing so. After all, the life you have been gifted is meant to be lived to the fullest, not to be suffered through in silence. You can file a divorce case on the ground of mental torture, extra-marital affair against your husband with the help of an expert in divorce matter in india. READ: How to Consult a Divorce Lawyer In IndiaRead More

Posted on 21 Jun 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 29 Jun 2019

Your sister can file a divorce on the ground of extra-marital affair by her husband. She can file a case in the family court with the help of an experienced divorce lawyer in india. If you have already filed a complaint then don't take it back. She can also claim maintenance if she is not working and unable to sustain financially on her own. READ: Divorce: Types, Concept And Grounds It is better you consult an experience divorce lawyer and explain them the matter and they will help you better in your matter and suggest you what to do further. READ: How to Consult a Divorce Lawyer In IndiaRead More

Posted on 29 Jun 2019 | 1 Answer