Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 22 Jan 2020

Proof of cruelty or the repeated infliction of serious physical or mental suffering by one marital partner on the other is also grounds for divorce. To obtain a divorce on the grounds of cruelty, the filing spouse must prove that the cruelty has made marriage intolerable for them.Read More

Posted on 16 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

In such a situation, you can file a maintenance case against your husband under section 125. Section 125 of the Code of Criminal Procedure, 1973 lays down the provision that states that when a man has sufficient means, he is liable to pay for the maintenance of his wife, children, and parents if they do not have any reasonable means to support themselves or suffer from any physical or mental incapacity. There is no limit of minimum or maximum maintenance under section 125 mentioned, it depends on the economic condition and discretionary power of the court.Read More

Posted on 17 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled. Termed as if you are not living with your husband from many years then it is known as Desertion and it is a ground for Divorce, you may file a case for divorce on that ground. A divorce case lawyer will help you with the same. He has to get service of summon through paper publication and then only you may get the Divorce decree, by way of Exparte. if he hasn't turned up after paper publication too.Read More

Posted on 21 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

You can file a contested divorce petition against your husband along with a child custody and maintenance petition. You can consult a divorce lawyer in India to file your petitions.Read More

Posted on 02 Sep 2019 | 2 Answers

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You cannot ask your wife to resign unless you have no proper reason. She can file a case of harassment against you as you coerced her to resign which probably made her go back to her parents' home. Regarding a loan, you can build a consensus as to how it is to be repaid. The marriage has brought your families together and it is a matter to ponder upon for both of you.Read More

Posted on 09 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

Your wife's past relationships do not affect your current marriage if she does not have any relationships after marriage. The court will not grant a divorce on such a ground. It is better to opt for counselling instead of a divorce.Read More

Posted on 05 Aug 2019 | 1 Answer

Aayushi Sang | Legistify

Aayushi Sang
Answered on 16 Jan 2020

This is not a valid ground for divorce. Your father's marital status does not give you a ground to divorce your wife.Read More

Posted on 14 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 14 Jan 2020

When a summons is served upon you as a respondent in any petition, you may yourself appear before the concerned Court. You may also appear by a pleader or Advocate, whom you should properly instruct so that he is able to answer all material questions before the Court. Any other person who is able to answer all material questions may also appear before the Court on your behalf, accompanied by a pleader. However, go through the summons carefully. If the summons requires that you are to personally appear, then you have to appear before the Court on the given date. In cases if the respondent hasn't signed the vakalatnama and he is not appearing in the court then there is a chance of passing Ex-parte order.Read More

Posted on 13 Jan 2020 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 10 Jan 2020

Under Muslim law in India, maintenance is known as ‘Nafqah’. ‘Nafqah’ is the amount that a man spends on his family. The right to maintenance of a Muslim woman is absolute and not conditional on whether she can maintain herself or not. In terms of Section (3) (a) of the Muslim Women (Protection of Rights on Divorce) Act, 1986, a Muslim husband is liable to make reasonable and fair provision for the future of the divorced wife. Muslim Father is under the obligation to maintain his legitimate child until he attains the puberty age. Under Muslim Law, the father has to maintain his son only until he attains majority. While he has to maintain his daughter until her marriage and till the time she goes to her husband’s home. Under the law, the father is not under a duty to maintain the illegitimate child. Consult a Muslim law lawyer in India for your divorce, maintenance and child custody matter.Read More

Posted on 06 Jan 2020 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 10 Jan 2020

If your wife is in an extramarital affair, then do you have primary evidence on the same issues? If not then adultery u/s 497 cannot be proved and it will be a bit difficult to Claim adultery as a ground of divorce. Secondly, there may be other grounds as well on which divorce can be granted.Read More

Posted on 30 Dec 2019 | 2 Answers