Harini S | Legistify

Harini S
Answered on 02 Mar 2019

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 on 02 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 01 Nov 2018

Whatever a wife brings with her at the time of marriage, is considered her property and she has the full right on it. Also, a wife has the right to claim maintenance from her husband when she is unable to take care of herself in monetary terms. However, since you are unable to maintain yourself financially and your wife is, you can file a maintenance case against her to claim maintenance. You can consult a family law lawyer in India to know about the correct legal remedy in your situation. Read More

Posted on 31 Oct 2018 | 1 Answer

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 05 May 2019

With respect to your query, the legal opinion is as under:- (1) Better to patch up with your wife and should try to continue your married life forgetting the past. (2) In case you have decided not to continue your relationship with your wife, than even you can apply for dissolution of marriage by way of divorce decree. However divorce petition can filed only after one year of the marriage. (3) Your can move the Court for divorce or for revocation or for cancellation of marriage. (4) You may also apply For getting divorce by mutual consent, husband and wife have to file joint divorce petition before Family Court. (5) Court will fix a date after six months. On the next fixed date both, husband and wife shall have to appear before the Court again. It is generally said "the second motion". If the husband and wife have not changed their mind, the Court is under legal obligation to dissolve the marriage. (6) In some cases Court can shorten the six months cooling period. But it is just discretion of the Court. (7) The consent for divorce must continue from the date of petition till the divorce decree is passed.Read More

Posted on 03 May 2019 | 1 Answer

Advocate Yogesh Navmahalkar | Legistify

Advocate Yogesh Navmahalkar
Answered on 27 May 2019

First, you have to file 498 a complaint to women cell after this you have to file a maintenance and divorce case, these 3 cases will harras your husband and he will easily give you divorce.Read More

Posted on 29 Apr 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 28 Mar 2019

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 on 28 Mar 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 14 Feb 2019

Yes, you can get married to a guy who got a divorce decree in February 2018. As under the divorce law in India, an appeal against the divorce decree can be filed within 90 days.  Since the divorce decree was granted in February 2018, therefore it has been 1 year since the divorce. The pending maintenance petition will not affect the case. However, it is advised to consult a divorce lawyer in India for more clarification regarding this.Read More

Posted on 14 Feb 2019 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In case of contested divorce, you can challenge the allegations put against you by your husband. The core meaning of contested or one-sided divorce is that a divorce can be filed by one spouse and the other spouse can challenge it in the court through a divorce lawyer. You can easily challenge the allegation put by your husband by presenting your case and evidence. You must hire a good divorce advocate to defend your contested divorce. The divorce attorney will look into your matter and suggest you the best legal recourse to take against your husband's allegations. Read More

Posted on 23 Sep 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Streedhan is a movable or immovable property that a woman receives during her lifetime such as, prior to marriage, during the marriage, etc. A woman has a right to her streedhan and this right is provided by S.14 of the Hindu Succession Act,1956 and S.27 of the Hindu Marriage Act,1955. “A Hindu woman is an absolute owner of her streedhan and can deal with in any way she likes even if it is in custody of her in-laws or husband or any other person, they are bound by law to return such property when and if demanded by her.” The Supreme Court has also ruled that a woman can demand back her streedhan when she wishes to, even if the marriage has not ended. When the streedhan is entrusted with anyone and they refuse to give it back, he/she may also be liable for the criminal offence of ‘criminal breach of trust’ U/S 405&406 IPC,1860. You must hire the Best Divorce Lawyers in India and file an application in the court including details about all your belongings and can file a criminal case against your in-laws and husband U/S406 IPC. You will have to give the list of all your belongings, bank details, wedding proof (pictures) to the lawyer. You can file an FIR and then the police authorities have the power to conduct search and seizure to get your belongings. The Best Divorce Law Attorneys will help you with the whole process. Read More

Posted on 02 Aug 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Sir, the decision is upto you, whether you want to proceed with the idea of Divorce or Making Good of the Marriage.  We can not comment or instigate you towards a personal decision.  If you require any legal assistance we are there to assist you for the same. Read More

Posted on 04 May 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Your best course of action would be to first file a divorce case against your husband on the grounds of adultery and desertion and then youll be able to get maintainence from your husband with which you can lead a respectful life. i would suggest you to talk with a lawyer giving him the full facts and circumstances of the case, then he will be able to help you in a better way. For further assisstance call 01133138123. Read More

Posted on 23 Feb 2017 | 1 Answer