I got married 4 months back. My husband is having an affair with a married woman, he keeps me lock in his home, doesn't talk to me and never give a single rupees for my expenses. He doesn't allow me to join the job and lock the gate from outside whenever he wants. He never takes me outside from house and always keep himself busy with that lady on phone, please suggest me what to do, as my family is also not in my support, my brother threatening me if I will not adjust there they will beat me or kill me, Please help.Read More

Posted at 01:06 PM, 21 Jun 19 | No Answers Yet

I am a woman suffered from domestic violence and the extra-marital affair of my husband. And now after getting counseled with my people I understand what actually I have gone through and its high time to fight injustice and stand for myself removing the blindfold of this blind love I had for my husband. My husband attacked me 2 months back with a razor trying to show it was a suicide attempt from me. But he kept apologizing and showed me how sorry he was and that it was just in rage while we had an argument about his affair. Then he took me to the hospital for treatment. Maybe he realized that if I die he'll be charged with my murder. A day after that he disappeared saying he going for work. He left the way he normally leaves. Same time and asking me about food and medicines and all. Later I discovered he didn't reach his workplace. And that he's missing. I was worried and concerned about thinking about something unfortunate happened. I filed a missing complaint and later after a month of investigation, it was found out that he was fine and has visited his native place to meet his mom dad for a day. And vanished from there as well and is unable to trace until now. Maybe he realized that I might file a complaint against him for what he did. Its been two months since. After seeing everything through I understand my mistake of not filing a complaint the day the incident happened. But now I realized, for my safety and to get justice how important it is to file an FIR. So my query is how can I file a complaint after two months of the happened incident. As a reason of delay is already known to the police. It will be a great help if you could contact me now on my given number.Read More

Posted at 03:16 PM, 18 Jun 19 | No Answers Yet

Advocate Yogesh Navmahalkar | Legistify

Advocate Yogesh Navmahalkar
Answered on 11:37 PM, 28 May 19

You can contest divorce case and file 498a, maintence,domestic case, RCR case also.Read More

Posted at 11:35 AM, 28 May 19 | 2 Answers

Team Legistify
Answered on 06:52 PM, 23 Mar 19

The divorce laws in India are considered to be more favourable to a wife and to forego the interest of a husband. A wife is always given more rights and protection in a divorce matter as compared to a man. The Indian Constitution and personal laws are also considered to be biased, protecting the interest of women when they are unable to do so on their own. You can file a divorce on ground of extra-marital affair by the wife. You can consult a good divorce lawyer in India, who would guide you in your matter. READ: Rights Of A Husband In A Divorce Matter You can file a mutual divorce as then the wife cannot ask for maintenance, unless there is a child and he or she is a minor. Under Section 13-B of the Hindu Marriage Act 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree to a peaceful separation. READ: A Guide to Mutual DivorceRead More

Posted at 03:49 PM, 23 Mar 19 | 1 Answer

Team Legistify
Answered on 03:30 PM, 05 Mar 19

If it is only a case of extra marital affair then you can file a divorce petition against your husband with the help of a good divorce lawyer in India. But, if he has married to another woman (married) then you can file FIR against your husband as he has committed a crime of bigamy under section 494 of Indian Penal Code. Bigamy is the offence of marrying someone while already married to another person. A second marriage is void under Hindu Marriage Act. To file a bigamy case against him you can contact a best criminal lawyer in India, who can help you with your case and help you in better understanding the procedure.  Read More

Posted at 01:14 PM, 05 Mar 19 | 1 Answer

Team Legistify
Answered on 03:33 PM, 26 Feb 19

Section 2(viii)(b) of the Muslim Marriages Act states that if a man “associates with women of evil repute or leads an infamous life, it amounts to cruelty to the wife”. Within the meaning of this provision, a wife can sue her husband for inflicting her with mental cruelty by associating with other women. Your wife can use the image as a proof of your adultery to file a divorce petition against you. However, you can defend the divorce case through a divorce lawyer in India.  With regards to the image being leaked by your wife, you can ask the court to cease and desist the image and the court will send a legal notice to your wife to prevent her from using the image for malicious reasons.Read More

Posted at 11:46 AM, 26 Feb 19 | 1 Answer

Team Legistify
Answered on 06:47 PM, 22 Feb 19

You can file a contested divorce on the ground of adultery with the help of a good divorce lawyer in India. As under section 13(1)(a) of the Hindu Marriage Act, 1955 lays down adultery as a ground for getting divorced from one’s spouse. A husband or wife can file a divorce petition and dissolve their marriage on the ground that the other spouse was indulged in an extra-marital affair or infidelity. The divorce attorney will draft and submit a contested divorce application with the court having jurisdiction over any of the following areas: Where the husband and wife are presently living. Where their marriage solemnised. Where the wife is living, if she is living separately from the husband. READ: Adultery As A Ground For Divorce In India On a ground of adultery you can seek divorce as well as maintenance from your husband, as you are not financially stable. Maintenance is an essential factor that is taken into consideration by the Courts while deciding on Divorce Proceedings in India. You can file a maintenance petition against your husband for claiming interim as well as permanent maintenance through a divorce advocate in India. Read More

Posted at 01:42 PM, 19 Feb 19 | 1 Answer

Team Legistify
Answered on 06:47 PM, 11 Feb 19

Section 13(1)(a) of the Hindu Marriage Act, 1955 lays down adultery as a ground for getting divorced from one’s spouse. A husband or wife can file a divorce petition and dissolve their marriage on the ground that the other spouse was indulged in an extra-marital affair or infidelity. The divorce lawyer in India will draft and submit a contested divorce application with the court having jurisdiction over any of the following areas: Where the husband and wife are presently living. Where their marriage solemnised. Where the wife is living, if she is living separately from the husband. Getting a divorce when the spouse is involved in adultery has become extremely common, however, there are some important points to consider when a divorce is filed on the basis of adultery of one spouse: Adultery is also a valid ground for judicial separation under Section 10 of the Hindu Marriage Act, 1955. An attempt to commit adultery is different from actually committing adultery. It is not important to prove that the spouse is living in adultery i.e. committing adultery over a long period of time. Even a single act of adultery is a valid reason for divorce. Premarital relationships do not come under the ambit of adultery. A woman accused of adultery cannot claim maintenance from her divorcing husband. You need to consult a divorce advocate in India who can gather relevant documents to prove your wife's pregnancy.Read More

Posted at 06:11 PM, 11 Feb 19 | 1 Answer

Team Legistify
Answered on 12:25 PM, 05 Feb 19

A mutual consent divorce cannot be filed unless you mutually decide about all the aspects of divorce including maintenance and alimony. Under Section 18 of the Hindu Adoption and Maintenance Act, 1956, a wife has the right to live separately from her husband without affecting her right to claim maintenance. Under this law, a wife can live separately from her husband in the following cases: The husband has deserted the wife without any reasonable cause. The husband has subjected the wife to cruelty. The husband is suffering from leprosy of virulent form. The husband has extra-marital affairs. The husband has converted to another religion. However, the wife is not entitled to claim maintenance in the following circumstances: She has ceased to be a Hindu by converting to another religion. She is guilty of adultery i.e. she is unchaste and indulged in physical relations with another man. She has remarried after the divorce. You need to consult a good divorce lawyer in India and know about your claim of maintenance if the husband raises the fact about your extramarital affair.Read More

Posted at 10:54 AM, 05 Feb 19 | 1 Answer

Team Legistify
Answered on 11:26 AM, 02 Feb 19

Section 13(1)(a) of the Hindu Marriage Act, 1955 lays down adultery as a ground for getting divorced from one’s spouse. A husband or wife can file a divorce petition and dissolve their marriage on the ground that the other spouse was indulged in an extra-marital affair or infidelity. Getting a divorce when the spouse is involved in adultery has become extremely common, however, there are some important points to consider when a divorce is filed on the basis of adultery of one spouse: Adultery is also a valid ground for judicial separation under Section 10 of the Hindu Marriage Act, 1955. An attempt to commit adultery is different from actually committing adultery. It is not important to prove that the spouse is living in adultery i.e. committing adultery over a long period of time. Even a single act of adultery is a valid reason for divorce. Premarital relationships do not come under the ambit of adultery. A woman accused of adultery cannot claim maintenance from her divorcing husband. After recognising the court of appropriate jurisdiction, the contested divorce petition must be drafted by a good divorce lawyer in India and must contain the issues and problems that have arisen out of the marriage and mention the grounds on which the petitioner wants to file a divorce. Once the divorce petition is filed, the court will issue summons to the other spouse notifying him/her that a divorce case has been filed by their spouse. READ: Adultery As A Ground For Divorce In IndiaRead More

Posted at 04:41 PM, 01 Feb 19 | 1 Answer