Team Legistify | Legistify

Team Legistify
Answered on 09 Sep 2019

As per law, apex courts are formulated by the law body to dispose or settle the cases on fast track basis. If in case, your advocates had said that you can't file objections and the next date of hearing is for arguments, this can happen. Read More

Posted on 08 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 06 Jan 2020

The marriage after conversion is valid, so, even if the first wife does not give a divorce, the husband can live with his second wife.Read More

Posted on 23 Jul 2019 | 1 Answer

Harini S | Legistify

Harini S
Answered on 02 May 2019

A contested divorce is filed by one spouse, without the consent of the other on any of the valid grounds mentioned under the Indian laws. The petition for contested or one-sided divorce is filed by one spouse through a divorce lawyer in India. Once the divorce petition is filed, the court sends divorce notice to the spouse and asks him/her to appear in court and contest the divorce petition. In contested divorce proceedings, the evidence and witnesses are examined and cross-examined, the statements of spouses are recorded, and the court evaluates whether the ground for divorce exists or not. READ: The Complete Process Of Contested Divorce In India If you want to get a divorce soon then apply for a mutual divorce. A divorce by mutual consent is a kind of divorce whereby both the husband and wife mutually agree to end their marriage and decide the terms and conditions of their divorce amicably. Mutual consent divorce is also called an uncontested divorce as the husband and wife file a joint divorce petition without the need to contest it in the court. The rights of a husband in a divorce matter is the right to file a divorce petition on the ground of cruelty, desertion, adultery, conversion, mental disorder, communicable disease, renunciation of the world, presumption of death, threaten to commit suicide, etc., for more information you can go throurgh the below mention blog. READ: Rights Of A Husband In A Divorce Matter You can consult an experienced divorce lawyer in India who will advise you better in your matter. The lawyer will help you in filing the divorce petition.Read More

Posted on 09 Apr 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

As per my knowledge if husband dont pay maint for 1 year then court will send him to jail for 1 month. If he doesn't pay 2nd year also then court will send him to jail for 1 more month. If he doesnt pay for 1 more year and if his wife wants to send him to jail then she needs to pay money to court to maintain her husband in the jail.   However this can be vary from cases to case and judge to judge.   Read More

Posted on 23 Oct 2017 | 3 Answers

Arshi Noor | Legistify

Arshi Noor
Answered on 19 Jul 2019

After the filing of the petition and recording the statement of both the parties, the court generally adjourns the matter for a period of 6 months. After six months the parties have to present themselves again in the court for making a second motion confirming the mutual consent filed earlier. It is only after this second motion that a decree of the divorce is granted by the court. So you have to wait. READ: Mutual Consent Divorce in India You can consult our top divorce lawyer in India who can help and suggest you in your matter.Read More

Posted on 16 Jul 2019 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 03 Dec 2019

There are Judgements delivered by the Supreme Court in which the husband was granted the divorce because his spouse was making a false allegation and was subjecting mental cruelty. You can file for divorce on these grounds with the help of a divorce attorney in India.Read More

Posted on 02 Dec 2019 | 1 Answer

Akshita Sodhi | Legistify

Akshita Sodhi
Answered on 11 Nov 2019

Since your wife is subjecting you to cruelty, you can file a divorce case against her, as well as a criminal case that she's defaming you with a false case. Consult a divorce attorney in India to file your divorce petition on the grouds of cruelty, both mental and physical.Read More

Posted on 10 Nov 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 12 Oct 2019

You can go ahead with Mutual consent divorce case after 1 year of marriage only not before 1 year. If you file the application before that the case will get dismissed in the courtRead More

Posted on 04 Oct 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 06 Sep 2019

In the present case, you have to find out as on what basis the Divorce Petition is filed. The Court cannot unilaterally grant a divorce to the husband. \ If you are against the divorce go to the court and negate the demand of your husband and then the burden will be on your husband to prove the charges that he has based his divorce petition on. Normally, the wife has a right to turn down a divorce; she can refuse to divorce even after filing a petition for divorce through mutual consent. Following this, the court will typically dismiss the petition for divorce through mutual consent. In such a case, as the husband wishes to divorce, he will have to separately petition to the court to grant the divorce. Such a petition can be made by the husband only on certain grounds like Cruelty, Adultery, etc. The court will call upon the husband to prove the ground sought by him for the divorce; the wife will be called to disprove the allegations. If the husband's allegations are proved, the court would award a divorce, even if the wife does not wish to divorce. If the allegations are found unsubstantiated, the court will dismiss the divorce petition. You can consult a divorce lawyer in India to know more.Read More

Posted on 05 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 14 Jan 2019

A contested divorce is one where both parties do not come to settle on the same issue unanimously. There has to be an underlying dispute in the marriage, at the heart of such divorce cases (cruelty/adultery/desertion etc., known as matrimonial offences or crimes relating to marriage). The parties are also generally unable to agree on divorce-related issues as well i.e. one wants to break away while the other does not agree with the same, and hence the court has to step into the personal affairs of the family to either try and resort to an amicable happy ending or examine both sides and final rule that there can be no reconciliation and grant divorce. You can hire a divorce lawyer in India to file a petition for contested divorce. A contested divorce is laid down under Section 13 of the Hindu Marriage Act, 1955. The 9 major grounds under which a Contested Divorce is usually filed are: If a spouse, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or  If a spouse, after the solemnization of the marriage, treated his/her spouse with cruelty;  If a spouse, deserted his/her spouse for a continuous period of not less than 2 years;  If a spouse has ceased to be a Hindu  by conversion to another religion; If a spouse, has been incurable of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the other spouse cannot reasonably be expected to live with that spouse; If a spouse, has been suffering from a virulent and incurable form of leprosy; If a spouse, has been suffering from venereal disease in a communicable form; If a spouse, has renounced the world by entering any religious order;  If a spouse, has not been heard of as being alive for a period of 7 years or more by those persons who would naturally have heard of him/her, had he/she been alive. You need to consult with a divorce advocate in India to establish a valid ground for divorce and file a divorce petition against your wife. Since you two have been living separately for almost 20 years, the court would look at this fact in the case and grant a decree of divorce.Read More

Posted on 14 Jan 2019 | 1 Answer