Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 02 Dec 2019

The right of custody of children under Islamic rule after divorce stays with mother unless she is found guilty of misconduct and then disqualified. This is known as the right of hizanat. However, different sects have set different ages, either for boys or girls as the limit till which the mother can have custody. After that, the father gets custody as per Islamic law.Read More

Posted on 02 Dec 2019 | 1 Answer

Riya Chopra | Legistify

Riya Chopra
Answered on 22 Nov 2019

Presuming that you are Hindu, since your husband has died without making a will, the self-acquired property will devolve through succession and the first preference will be given to class 1 legal heirs. Hence, you and your daughter will have a preferential right over the self-acquired property.Read More

Posted on 20 Nov 2019 | 2 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 22 Nov 2019

In this case, you can prepare the your plea for the case and can fairly claim for the Maintenance from your husband which he would be liable to pay as decided by the court.Read More

Posted on 20 Nov 2019 | 2 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 23 Nov 2019

If the wife is independent, it depends upon the income of both and she can claim for the maintenance. You cannot take a divorce anywhere in India. It can only be filed where you got married or where you both lived together or from where the opposite party belongs to.Read More

Posted on 17 Nov 2019 | 2 Answers

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 02 Dec 2019

Regardless of how many years you are married, you have to pay compensation to your wife as she has a right to get the claim maintenance if she is unable to maintain herself financially.Read More

Posted on 01 Dec 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 02 Dec 2019

You must have a valid ground to initiate a divorce proceeding against your husband. Grounds mentioned under section 13(1) of HMA are:- Adultery Conversion Mental disorder/Unsound Mind Venereal disease Renounced the World Not heard alive for seven years Judicial Separation No Resumption of Co-habitation If you are confident that you can win against your husband by taking any of the above-mentioned ground then you can file a divorce petition by hiring an expert divorce advocate. Also, as your child is just 7 months old it is quite certain that the court will grant his custody to you onlyRead More

Posted on 01 Dec 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 29 Nov 2019

For a child below 5 years generally, the court gives custody to the mother. Even if the in-laws have taken the child forcefully you can file the child custody case in the court through a good divorce lawyer in India.Read More

Posted on 27 Nov 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 29 Nov 2019

Under the Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant's lifetime or until he/she remarries or remains chaste. If not given by the spouse then the maintenance case can be filed in the court.Read More

Posted on 15 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Nov 2019

Yes. you can. Once the court order and the judgment passed, you can be married after that any time. There is no time period for the same. However, if any condition is imposed then you have to wait.Read More

Posted on 20 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Dec 2019

You can defend an RCR petition with the help of a divorce lawyer, and also file a divorce petition that you cannot sustain this marriage any longer. The court cannot force you to stay with your spouse.Read More

Posted on 08 Aug 2019 | 1 Answer