Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 31 Mar 2020

You can contact Women's Helpline for your help they will guide you for the same. Or else you can file an FIR in the nearby police station they can also help you.Read More

Posted on 30 Mar 2020 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 31 Mar 2020

A complaint under Section 498A of IPC can be filed with the local police.Read More

Posted on 30 Mar 2020 | 2 Answers

Team Legistify | Legistify

Team Legistify
Answered on 30 Nov 2018

No, a petition for restitution of conjugal rights filed under Section 9 of the Hindu Marriage Act, 1955 cannot be converted into a divorce petition. You need to file an application to withdraw your RCR petition with the court and file a fresh divorce petition. If both the parties wish to get a divorce, the best way to proceed is to file a mutual consent divorce. A mutual divorce is whereby both the husband and wife agree to amicably end their marriage and mutually decide the terms of divorce like maintenance/alimony, child custody and division of property. If both the parties agree to file a mutual consent divorce, then you can hire a divorce lawyer in Odisha to file a joint petition. The divorce will be granted within 6-8 months once the 1 motion is filed, cooling off period of 6 months is completed and the second motion is filed with the court.  If one spouse wants to get a divorce and the other does not, then a petition for contested divorce will be filed on the valid grounds of divorce. The contested divorce procedure begins with the filing of a divorce petition in the court. Once the petition is filed and accepted, the court will notify the other spouse by sending a court notice. Both the parties will appear before the court, statements will be recorded, evidence and witnesses will be presented, arguments will take place and then the court will announce a decree of divorce after evaluating the facts and circumstances. A contested divorce takes around 1-2 years as other legal terms like maintenance/alimony, child custody and division of property are also contested separately, unlike a mutual consent divorce. You can consult top divorce lawyers in India to know the best procedure for your divorce matter. The lawyer will understand your situation and provide you with the best legal course of action. READ: Difference Between Mutual Consent And Contested DivorceRead More

Posted on 30 Nov 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 31 Mar 2020

First, you need to ensure that you are protected in case she proceeds with a false case. Obtain an anticipatory bail. Second, you can file a contested divorce against her for threatening to file a false case against you.Read More

Posted on 16 Feb 2020 | 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

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

A forced marriage occurs when one or both spouses do not consent to the marriage. One might be forced into a marriage by the use of coercion, guilt, threats, blackmail, harassment, financial pressure, physical force or might even get tricked into such marriage. If one of the spouses doesn’t want to get married and the marriage goes ahead anyway, it is forced marriage. You must hire the best Divorce Law Attorneys in India to give you a clear understanding of this concept. A forced marriage is a violation of human rights. It is also a form of gender violence since it usually involves mental or physical abuse, blackmail and coercion from either family or society. The process of Annulment of marriage is also available in Indian laws which covers your situation where the marriage has been forced on either of the spouses. Annulment is a legal process where the marriage can be undone or erased, as it never existed. By this, the marriage is declared null and void. The difference between annulment and divorce is that annulment says that the marriage never really happened. If the marriage has been done by fraud or force then these are the valid grounds for an annulment. The process of annulment is similar to that of a divorce which begins with the filing of an annulment petition and ends with the court giving out the last verdict of making the annulment real. The Delhi Court has said that the right to chose one’s life partner is a fundamental right. It is an integral part of your life. As per Laws in India, both men and women have the right to enter into a marriage freely and they both have equal rights against forced marriage. Both have a right to chose their life partners. In fact, Article 23 of the International Covenant on Civil on Civil and Political Rights 1966 states that, “No marriage shall be possible without the free and full consent of the intending spouses.” Article 16 of the Universal Declaration of Human Rights also deals with discrimination against women in marriage-related matters and that both have equal rights to enter into a marriage and same right to freely chose the spouse to enter into a marriage with full consent. You must hire the best Divorce Lawyers in India to get you through with your divorce process and so that both of you will be able to live your life freely with your will and consent. The divorce procedure should start by filing a divorce petition in the court having appropriate jurisdiction over the matter. If a spouse is not willing to get a divorce by mutual consent in a forced marriage the divorce can be filed by contesting. Contesting a divorce is a long and expensive process. After filing the petition, the other spouse gives an appropriate reply regarding the petition for divorce and then the divorce will go into the trial proceedings which involves examination and cross-examination of both the spouses. At last, the court will give a final order which will legally dissolve such a marriage. Forcibly marrying someone is in violation of your human rights and legal rights in India and you must hire the best Divorce Attorneys in India to help you get out of a forced marriage by the legal process which has been laid out. Read More

Posted on 17 Jul 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

No, you cant apply for the divorce case in fast track courts. Fast track courts are for very serious criminal matters and family matters are solved only in family courts or district courts after which you can appeal in higher courts.  If your wife is delaying the court process, your lawyer can urge the the court by moving an application to give short dates which will faster the process in the same court itself.  Have a good lawyer who can sort your divorce case as soon as possible.  Read More

Posted on 30 Jan 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

If your marriage happened according to your respective personal laws in India, you can file a divorce petition in the family court of the place of marriage. You can also file it at the place where either of you last resided or where either of you ordinarily resides. The regular grounds for divorce under the respective personal laws are available to NRIs also. But that will consume a lot of time and money. The marriage must have been registered. In any case, it is not necessary for you to stay in India until the case gets over. You can execute a Special Power of attorney in favour of another person after the presentation of the plaint.  You can consult a good divorce attorney in India to file a divorce petition. Call us at 011-33138123 or send us an email at [email protected] to get started. Read More

Posted on 18 May 2018 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 31 Mar 2020

File petition for RCR under section 9 of HMA. Seek maintenance from husband if there are substantial differences in your income In divorce petition filed by husband file detailed reply denying the allegations made in a divorce petition Seek interim maintenance from husband Read More

Posted on 24 Mar 2020 | 1 Answer