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 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 20 Jan 2020

Your wife's past relationships do not affect your current marriage if she does not have any relationships after marriage. The court will not grant a divorce on such a ground. It is better to opt for counselling instead of a divorce.Read More

Posted on 05 Aug 2019 | 1 Answer

Saachi Khurana | Legistify

Saachi Khurana
Answered on 10 Jan 2020

If your wife is in an extramarital affair, then do you have primary evidence on the same issues? If not then adultery u/s 497 cannot be proved and it will be a bit difficult to Claim adultery as a ground of divorce. Secondly, there may be other grounds as well on which divorce can be granted.Read More

Posted on 30 Dec 2019 | 2 Answers

Saachi Khurana | Legistify

Saachi Khurana
Answered on 27 Dec 2019

If she is living with her parents now and you both don't want to go ahead with the marriage then after 1 year of marriage you can file a Mutual Consent Divorce case in the local family court and if one party doesn't want to go ahead with divorce then the other party can file divorce case under section 13 of HMARead More

Posted on 11 Dec 2019 | 1 Answer

Ayaskanta Parida | Legistify

Ayaskanta Parida
Answered on 20 Dec 2019

If the relationship between the woman and the spouse are not cordial, then the woman may file for divorce under one of the grounds specified in Section 13 of the Hindu Marriage Act. For this, she can consult a divorce advocate in India to file the court case.Read More

Posted on 27 Aug 2019 | 1 Answer

Advocate Rajeev Srivastava | Legistify

Advocate Rajeev Srivastava
Answered on 15 Dec 2019

You have filed a divorce petition on mutual consent basis before the family court along with your wife wherein you already mentioned that all the disputes regarding Maintenance, Alimony, custody of children and residence etc have been resolved. You have mentioned that the next date is fixed in July 2019 for second motion. However this date is already cross so please tell me what was happened on this date. If your case still pending then you can refuse to give your consent for divorce on mutual consent basis. You should press for dismissal of the petition on new development happened in your life and mention before the family court that you have not had any job for two years and unable to maintain the children however your wife is a teacher and capable to maintain herself and your children. After the dismissal of the petition under 138 of Hindu Marriage Act, you can file a petition against your wife for divorce on grounds of desertion, cruelty and adultery. Read More

Posted on 17 Jul 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 13 Dec 2019

In this case, you cannot get maintenance because there is no person from whom you can take it. if the husband has an ancestor property or his own property in India, you can claim your right over it.Read More

Posted on 10 Nov 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 10 Dec 2019

The husband is liable to pay alimony/maintenance to his wife for her and the children's maintenance. You cannot avoid alimony unless the wife is in fault. However, since you are in an extramarital affair, the court will find you guilty. You can, however, hire a good divorce lawyer to get a lower amount of alimony.Read More

Posted on 08 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 02 Dec 2019

You need to file an RCR petition under Section 9 with the help of a divorce lawyer in India. This is for restitution of conjugal rights. You can also file a criminal complaint against your wife for marrying again without divorce.Read More

Posted on 29 Aug 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 27 Nov 2019

Under present circumstances, you can seek a divorce from your husband under section 13 (1) of the Hindu marriage act. In your situation, it seems that the following three conditions are satisfied:- Adultery (must be proved beyond doubt) cruelty desertion (if he is staying away from you for more than 2 years) You can obtain a divorce from your husband if you can prove any of the following ground and as in your case all three situations are getting satisfied, you can obtain a divorce from your husband in an easier way. You will also be eligible to receive alimony from your husband, the amount of alimony will depend on how well your case is argued in the court, so you must hire an expert divorce advocate who can represent your case in the best possible manner  Read More

Posted on 11 Nov 2019 | 1 Answer