I am seeking to advise on a court notice served, alleging domestic violence by my wife. Hearing is next week. Allegations of being asked to leave home, verbal abuse and dowry harassment followed by a demand for compensation and maintenance have been made. Allegations are baseless. This step was perhaps in the heat of the moment and with instigation from a lawyer friend. My parents (aged 73 and 68) along with me (40) have been accused. She left the house on her own over a month back not providing any information about her whereabouts. My calls to her were not responded. What should my first step be?Read More

Posted at 01:54 PM, 26 Jun 19 | No Answers Yet

How can I get divorce and compensation from the husband who do regular domestic violence and marital rape?Read More

Posted at 11:42 AM, 21 Jun 19 | No Answers Yet

I wanted to know about property claim from Wife on my property. I have completed a year of marriage and tried to manage but things are not in control so decided to file a divorce. So just before filing divorce wanted to about technical thing in the eye of Law. 1. I have own house which I have purchased recently after marriage with my own and with the help of Loan and property is in my name, so after filing the case, is there any claim she put on my house? If Yes, how much percentage or what is the solution to this? 2. How alimony cost is going to decide, is it on my current monthly/yearly income or how it is? Really I will be thankful for your response.Read More

Posted at 02:46 PM, 11 Jun 19 | No Answers Yet

Advocate Mohd Mahboob | Legistify

Advocate Mohd Mahboob
Answered on 05:47 PM, 08 Jun 19

You will give complaint to the police station and National commission of women http://ncw.nic.in/.Read More

Posted at 06:20 PM, 07 Jun 19 | 1 Answer

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 04:23 PM, 28 Mar 19

There are two ways in which you can proceed with your divorce: contested divorce or mutual consent divorce. Certainly there is no need of any witness in case of divorce by mutual consent, if they are of sound mind. The Judge would verify again with the husband and wife on the decision of divorce and consent term if any and if both of you still agree and they want the divorce. It is granted if all other criteria are complied with. The Jurisdiction in the case of a divorce is where the marriage took place. In your case, the jurisdiction to file a divorce case is the place where you got married that is Bihar or the place where you both live together. For further clarification, you can consult a good divorce lawyer in India, who will suggest you better in your matter. READ: Divorce: Types, Concept And GroundsRead More

Posted at 02:46 PM, 28 Mar 19 | 1 Answer

Team Legistify
Answered on 06:49 PM, 28 Mar 19

You can file a divorce on the ground of domestic violence against your husband and can claim maintenance from your husband with the help of an expert divorce lawyer in India, who will help you and advise you in your matter. READ:  Recourse for a victim of Domestic Violence You can also file a mutual divorce where you both can mutually take divorce and can mutually decide the maintenance. Mutual divorce is when you and your husband, both wish to end your marriage. In a divorce with mutual consent, the husband and wife amicably end their marriage by filing a joint divorce petition and mutually deciding the terms of their divorce like the maintenance/alimony, division of property and child custody when the children are below the age of 18 years. Since the terms of divorce are pre-decided, the court procedure in a mutual divorce is relatively faster than a contested divorce and it takes around 1-8 months to get a decree of mutual consent divorce. In a divorce case a wife has a right to get maintenance, if she is not able to maintain herself. READ: Maintenance Under Section 125 Of CrPCRead More

Posted at 12:52 PM, 28 Mar 19 | 1 Answer

Team Legistify
Answered on 07:35 PM, 18 Mar 19

The husband and wife can get a mutual consent divorce under Section 28 of the Special Marriage Act. It is a mandatory condition for the husband and wife to live separately for a period of at least 1 year before filing a divorce petition. The court has the discretion to grant a cooling off period for 6 months, during which the divorcing spouses have the option to withdraw their divorce petition. However, once this cooling off period is over, the couple have 18 months to file a second motion for their divorce through their divorce law advocate. After this 18 months period, the court grants a divorce on mutual consent. You can hire the best divorce lawyers near you through Legistify to file a petition for mutual consent divorce in India. There are basically 3 conditions which can be fulfilled to get a mutual consent divorce in India. These grounds are: Both the parties to the marriage have been living separately for a period of one year or more They have not been able to live together They have now mutually agreed for the dissolution of the marriage The petition for mutual divorce can be filled in these competent courts: The court having jurisdiction over the area where couple seeking divorce last lived together The court having jurisdiction over the area where marriage was solemnized The court having jurisdiction over the area where the wife is residing as of present Documents required to file an uncontested divorce include the following: Address proof of husband Address proof of wife Marriage certificate Four passport size photographs of the marriage of husband and wife Evidence proving spouses are living separately for more than a year. Evidence relating to the failed attempts of reconciliation READ: Rights Of A Husband In A Divorce MatterRead More

Posted at 07:17 PM, 18 Mar 19 | 1 Answer

Team Legistify
Answered on 04:19 PM, 02 Mar 19

You can file a divorce case against your husband with the help of an advocate in India. Divorce, not only causes physical trauma to the couple but also causes mental trauma and add to this, it can also be a long-awaited and costly affair in India. There are two types of divorce one is mutual divorce and other is contested divorce. Unlike other countries, Indian law connects divorce with religion, like if you are Hindu, you have to fulfil the grounds and requirement of Hindu Marriage Act, 1995. READ: Divorce: Types, Concept And Grounds You may hire a good divorce lawyer in India, who can file a divorce case on your behalf. The lawyer will help you to file divorce and also help you in getting maintenance/ alimony from your husband.Read More

Posted at 12:39 PM, 02 Mar 19 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 11:54 AM, 03 Mar 19

With respect to your query, the legal opinion is as under:- (1) The divorce decree in favor of husband is granted only if desertion or cruelty by wife is proved. It depends on nature of evidence whether these factors can be proved or not. No straight jacket formula is there to guess the result in a divorce petition. The grant or refusal of divorce depends on quality of evidence. (2) If the divorce is granted, you can claim permanent alimony. Even Court is bound to grant permanent alimony. (3) If divorce is refused, no question arises of permanent alimony. To get maintenance from your husband you shall have to file separate suit for maintenance either before Family Court or before Magistrate under DV Act. (4) Even during pendency of divorce petition, you can file suit for maintenance, before this very Court or before Magistrate under DV Act.Read More

Posted at 01:30 PM, 28 Feb 19 | 2 Answers