Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Since your husband is not interested in cohabitation with you, you can file a case of divorce on the ground of desertion under sec 13 of Hindu Marriage Act, 1955 and also ask for maintenance under sec 25 of this act and also under sec 125 of Cr.P.C. Read More

Posted on 08 Apr 2017 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

The condition however, is that the desertion of the Husband should be for a continuous period of not less than two years, immediately preceding the presentation of the petition for grant of judicial separation or divorce. Thus, in order to entitle you to file a petition for divorce, you would be required to prove that your husband has deserted you without any reasonable cause and has been living separately for a continuous period of two years. Read More

Posted on 14 Oct 2017 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 24 Aug 2019

Till the divorce is not finalised, you are committing the offence of polyandry, which is one of the reasons for the divorces and you will not be able to get any alimony. You can have legal live-relationship after getting a divorce decree.Read More

Posted on 22 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Yes you can register a complaint in the nearest Police Station for the offence of Bigamy under Section 494 of the Indian Penal Code and for adultery under Section 497, however your son's wife shall be punished for the offence of bigamy & abetting adultery. With respect to seeking divorce, Your son can seek divorce under Section 13(i) and 13(ib) of the Hindu Marriage Act, 1955 on the grounds of adultery and on the grounds of desertion for a period of 2 years. Read More

Posted on 09 Mar 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Well the best remedy for you would be to opt for Counselling, as unless the desertion is of Permanent Nature you won't have the remedy to get a Divorce on the ground of Desertion.  Moreover, If either the husband or the wife, without reasonable excuses, withdraws from the society of the other, the aggrieved party may approach the Court for restitution of conjugal rights. The decree of restitution of conjugal rights cannot be executed by forcing the party who has withdrawn from the society from the other to stay with the person who institutes Petition for restitution. The decree can be executed only by attachment of the properties of the judgmentdebtor. The practice has shown that the decree of restitution is a paper decree. However, if the decree of restitution of conjugal right is not honored for a period of more than one year, subsequent to the date of the decree, it becomes a ground for divorce.  Read More

Posted on 11 Jul 2017 | 1 Answer

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 27 Feb 2020

There are laws against mental abuse under the Indian Penal Code (IPC) Act, Prevention of Domestic Violence Act, Dowry Prohibition Act and the Criminal Procedure Code (CrPC). The mental harassment law in India that you can seek help from in dealing with such a situation is defined in Chapter XXA of I.P.C. under Sec. 498A as: Matrimonial Cruelty in India - "It is a cognizable, non-bailable and non-compoundable offense. Husband or relative of husband of a woman subjecting her to cruelty. Whoever being the husband or the relative of the husband of a woman, subjects her to cruelty shall be punished with imprisonment for a term, which may extend to three years and shall also be liable to a fine."Read More

Posted on 18 Feb 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 06 Nov 2018

Separating the husband from his parents has been considered as mental cruetly by the Indian courts and is a valid ground for divorce.  You can file a contested divorce petition against your wife on the grounds of cruelty. Under contested divorce, you need to first consult a divorce advocate in India, who can file a divorce petition under the Indian Divorce Act.  The lawyer will draft and file the petition with the court which has jurisdiction over the area: Where you and your wife reside, Where the marriage was solemnised, or Where your wife resides currently. The court will accept the petition and send a legal notice to your wife to appear in court and present her side. The court process for contested divorce includes recording of statements of husband and wife, recording and examination of evidence, examination and cross-examination of witnesses, and final recording of statement, before the court grants the divorce. READ: The Complete Process Of Contested Divorce In IndiaRead More

Posted on 05 Nov 2018 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Jan 2020

You can hire a lawyer who deals with cases relating to family law to get custody and access and visitation rights for the child. Young children are often handed over to the mother in the event of divorce.Read More

Posted on 17 Jan 2020 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 26 Nov 2018

There are two ways in which you can proceed with your divorce: contested divorce or mutual consent divorce.  A contested divorce is when one spouse wants to file a divorce and the other does not. The spouse can file a contested divorce on any of the valid grounds for divorce. The reasons for divorce under the Hindu laws are given under Section 13 of the Hindu Marriage Act, 1955. In your case, mental cruelty becomes the ground on which a divorce may be filed. You can consult a divorce lawyer in India to file a contested divorce against your husband. The lawyer will draft and file the divorce petition with the court that has jurisdiction over the area where You and your husband reside. Your marriage was solemnised. You currently live. The court will approve your divorce application and call your husband to present his side. The entire procedure of a contested divorce may take 1-2 years. The other way is to file a mutual consent divorce when you and your husband, both wish to end your marriage. In a divorce with mutual consent, the husband and wife amicably end their marriage by filing a joint divorce petition and mutually deciding the terms of their divorce like the maintenance/alimony, division of property and child custody when the children are below the age of 18 years. Since the terms of divorce are pre-decided, the court procedure in a mutual divorce is relatively faster than a contested divorce and it takes around 1-8 months to get a decree of mutual consent divorce.Read More

Posted on 24 Nov 2018 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 01 Oct 2018

Threatening to kill the husband is a ground for divorce under the ambit of cruelty. The husband can file a contested divorce petition against the wife on the grounds of mental cruelty caused by constant threats to kill the husband. In the case of Hindus, a contested divorce can be filed by a husband under Section 13 of the Hindu Marriage Act. A contested divorce or one-sided divorce is when one spouse wants to end the marriage and the other one does not. The spouse who wants to get a divorce can file a divorce petition with the help of the best divorce lawyers in India. The divorce lawyer will file a divorce petition with the court which has jurisdiction over the area where the husband and wife resides, where the marriage was solemnised, or where the wife currently resides. A contested divorce takes around 1-2 years to be granted by the court as it involves numerous court proceedings and legal formalities.  Read More

Posted on 30 Sep 2018 | 1 Answer