Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

You can file an application with the court to put a stay on transfer of your case. Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

File a divorce case in the Family Court with the help of a divorce lawyer. Do not approach without a lawyer if you think that the case may be affected by the husband with illicit means.Read More

Posted on 22 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

Since you have filed a Restitution of conjugal rights petition under Section 9, you cannot file a divorce case unless you withdraw the case. Once you withdraw your Section 9 case, you can file a divorce case under Section 13.Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

If there is no consummation of the marriage, you can either opt for a mutual consent divorce if your wife also wants to divorce you, or file for annulment of an unconsummated marriage.Read More

Posted on 22 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

In the case of divorce, the wife has a right to claim maintenance from her husband when she is unable to maintain herself financially. The fact of whether the wife is working and earns some income or not does not affect her right to claim maintenance from her husband.  However, the quantum of maintenance that the husband is required to pay to her wife depends upon the income earned by the wife, the income and property of the husband, his personal expenses and the expenses borne by him from his dependents. Top divorce lawyers in India must be hired to file or defend a maintenance petition in a family court in India.Read More

Posted on 14 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

The wife can file an RCR petition against the husband with the help of a divorce lawyer.  To file a petition for restitution of conjugal rights, it is requisite that the following conditions are met: The spouses must not be living together. The withdrawal from the society of spouse must be made for no reasonable reason. The affected spouse must have filed for restitution of conjugal rights. Read More

Posted on 13 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

You can opt for a divorce by mutual consent if your husband agrees to divorce you. The joint divorce petition can be drafted to lay down the manner in which the joint property will be distributed equally, child custody and maintenance, etc.Read More

Posted on 03 Sep 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 18 Nov 2019

Once an accused person's location is not known, the court declares the person as an absconder. The police take the case in their hand to locate the person and bring it before the court. There is not much that can be done, except to ask the court to direct the police to search for the husband.Read More

Posted on 22 Aug 2019 | 1 Answer

Advocate Ganesh Singh | Legistify

Advocate Ganesh Singh
Answered on 17 Nov 2019

You are suggested to keep a distance from your sister-in-law and better involve yourself with your husband/family to bring harmonious relationship among yourself. As an option, change of residence may also be thought of.Read More

Posted on 20 Sep 2019 | 1 Answer

Sarthak Mehrotra | Legistify

Sarthak Mehrotra
Answered on 15 Nov 2019

There is no specified time in such cases. It depends on many factors, the chief being how busy the court is where the custody battle is fought and the other being on what grounds custody is sought. In cases where the child is less than five years of age, the custody is generally given to the mother of the child. Herein, the child is only 1 year old so there is a huge probability that the custody of the child will remain with the mother. You can further read about child custody process here: Child Custody After Divorce In IndiaRead More

Posted on 13 Nov 2019 | 1 Answer