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 16 Jan 2020

You can file the petition under section 9 of Hindu Marriage Act for restitution of conjugal rights. Also, along-with your matter in the concerned court, the matter should be taken for mediation. RCR petition along-with mediation will help you more in convincing your wife to move back to her matrimonial home. Also you have to make sure that she has no valid reason to be away from you.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

Aayushi Sang | Legistify

Aayushi Sang
Answered on 13 Jan 2020

The provisions of DV Act dealing with maintenance are supplementary in the provisions of other laws and therefore maintenance can be granted to the aggrieved person(s) under the DV Act which would also be in addition to any order of maintenance arising out of Section 125 of CrPC. Furthermore, “On the converse, if any order is passed by the Family Court under Section 24 HMA, the same would not debar the Court in the proceedings arising out of DV Act or proceedings under Section 125 CrPC instituted by the wife/aggrieved person claiming maintenance.”Read More

Posted on 07 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

None | Legistify

None
Answered on 09 Jan 2020

Yes, this amounts to mental cruelty and a valid ground of divorce. Consult a divorce lawyer in India to file your divorce petition against your wife.Read More

Posted on 12 Jul 2019 | 1 Answer

None | Legistify

None
Answered on 09 Jan 2020

No, a contested divorce petition can be filed to end the inter-faith marriage. Conversion will not end the marriage. You need to consult a divorce lawyer in India to file your divorce.Read More

Posted on 12 Jul 2019 | 1 Answer

None | Legistify

None
Answered on 09 Jan 2020

The projects covered under RERA include: Projects developed with an area more than 500 sq meters or have more than 8 units with all phases combined. Projects for which the Commencement certificate is obtained after the implementation of the RERA Act. However, RERA is not applicable to: Projects with an area of land not exceeding 500 square meters and the number of apartments does not exceed 8 units. When the Promoter has received a completion certificate for a real estate project prior to the commencement of RERA. Where the work involved is limited only to renovation or repair or re-development and does not involve marketing, advertising, selling or new allotment of any apartment, plot or building. Read More

Posted on 12 Jul 2019 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 09 Jan 2020

If the wife owns the property, there is no need to sell it since the property is owned by her and husband can't claim it. If the husband and wife owns it jointly, then it is better to go for mutual consent divorce and decide the share each will get.Read More

Posted on 08 Jan 2020 | 1 Answer