Advocate Kishan (Retd. Judge) | Legistify

Advocate Kishan (Retd. Judge)
Answered on 29 Jan 2020

You may file divorce with alimony and also can file Domestic Violence Case and seek monthly maintenance.Read More

Posted on 27 Jan 2020 | 2 Answers

Aayushi Sang | Legistify

Aayushi Sang
Answered on 27 Jan 2020

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. The parties intending to dissolve marriage are required to wait for at least one year from the date of marriage. They have to show that they have been living separately for a period of one year or more before the presentation of the petition for divorce and that during this period of separation they have not been able to live together as husband and wife. There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by the Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women (Protection of Rights on Divorce) Act,1986. Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. Read More

Posted on 22 Jan 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 23 Jan 2020

You need to fie this argument in the court and make them aware of this situation and thereafter they can pass an interim order or can take necessary steps as they deem fit.Read More

Posted on 22 Jan 2020 | 1 Answer

Tanya Mahajan | Legistify

Tanya Mahajan
Answered on 23 Jan 2020

You can get divorced from your wife in either of the two processes - mutual divorce or contested divorce. The divorce procedure is different in different situations. There is mainly two types of divorce procedure - one is mutual consent divorce and another is contested divorce. In Mutual Divorce you can mutually agree on Divorces or contest it if you want to go through the court proceedings.Read More

Posted on 21 Jan 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 22 Jan 2020

Proof of cruelty or the repeated infliction of serious physical or mental suffering by one marital partner on the other is also grounds for divorce. To obtain a divorce on the grounds of cruelty, the filing spouse must prove that the cruelty has made marriage intolerable for them.Read More

Posted on 16 Jan 2020 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

In such a situation, you can file a maintenance case against your husband under section 125. Section 125 of the Code of Criminal Procedure, 1973 lays down the provision that states that when a man has sufficient means, he is liable to pay for the maintenance of his wife, children, and parents if they do not have any reasonable means to support themselves or suffer from any physical or mental incapacity. There is no limit of minimum or maximum maintenance under section 125 mentioned, it depends on the economic condition and discretionary power of the court.Read More

Posted on 17 Jan 2020 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 22 Jan 2020

A person who marries under the Special Marriage Act and then converts to the partner’s religion is entitled to invoke the jurisdiction of a family court instead of personal law for dissolution of marriage, the Delhi High Court has ruled. Termed as if you are not living with your husband from many years then it is known as Desertion and it is a ground for Divorce, you may file a case for divorce on that ground. A divorce case lawyer will help you with the same. He has to get service of summon through paper publication and then only you may get the Divorce decree, by way of Exparte. if he hasn't turned up after paper publication too.Read More

Posted on 21 Jan 2020 | 2 Answers

Aditya Dua | Legistify

Aditya Dua
Answered on 22 Jan 2020

You can file for maintenance under Section 125 of CrPC, and can claim maintenance from your husband while living separately and the court will decide a decent amount for the same.Read More

Posted on 21 Jan 2020 | 2 Answers

Shagun Srivastava | Legistify

Shagun Srivastava
Answered on 24 Jan 2020

Yes, you can file a case against him for non-maintenance and mental agony and torture done by them. Divorce will be granted and monthly alimony will also be provided.Read More

Posted on 21 Jan 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 25 Jan 2020

You can file a Divorce case if you don't want to stay together and for that, you need to consult an expert divorce advocate who can help you out with all the cases.Read More

Posted on 22 Jan 2020 | 1 Answer