Team Legistify | Legistify

Team Legistify
Answered on 31 Mar 2020

First, you need to ensure that you are protected in case she proceeds with a false case. Obtain an anticipatory bail. Second, you can file a contested divorce against her for threatening to file a false case against you.Read More

Posted on 16 Feb 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 29 Mar 2020

You can hire the best divorce lawyer in India. He/she will help you file a petition before the Court and after the proper procedure, you will get a Divorce from the husband.Read More

Posted on 16 Feb 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 29 Mar 2020

You can contact your department for the same, might be the management can come to a solution or else you can consult and Advocate who is expert in Divorce laws and alimony.Read More

Posted on 14 Mar 2020 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 27 Mar 2020

Custody of a child, when parents divorce, only implies as to who the child will physically reside.The belief that once a child attains a particular age, the father shall have uncontested right is misplaced and wrong. This principle of best interest of the child ought to also apply in case of mutual divorce.Read More

Posted on 21 Mar 2020 | 1 Answer

Karishma Pandit | Legistify

Karishma Pandit
Answered on 27 Mar 2020

It is evident that there is no formula determined to calculate the alimony under Indian laws. In most of the cases, the alimony has been fixed by the court at 1/3rd or 1/4th of the spouse's incomeRead More

Posted on 23 Mar 2020 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 27 Mar 2020

What is Divorce by Mutual Consent? Under the Hindu Marriage Act, 1955 both the husband and the wife have been given a right to get their marriage dissolved by a decree of divorce on more than one ground specifically enumerated in Section 13. Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent. The conditions required under section 13B of the Hindu Marriage Act are as follows: (i) Husband and wife have been living separately for a period of one year or more. (ii) That they are unable to live together. (iii) And that both husband and wife have mutually agreed that the marriage has totally collapsed. Hence marriage should be dissolved. Under these circumstances, a Divorce by Mutual consent can be filed. As per the Indian Legal system, a divorce procedure fundamentally begins with the filing of a divorce petition. Where to file a divorce petition: 1. The court can be one where couple seeking divorce last lived. 2. The court can be one where the marriage was solemnized. 3. The court can be one where the wife is residing as of present. The entire procedure of divorce in India starts begins with the divorce petition which is filled by the parties associated with the divorce process and notice of the same is served to the other one. According to the Hindu Marriage Act, 1955; a petition for a 'mutual divorce' can be filed if you and your spouse are facing difficulties and have decided to part your ways legally. Step 1: Petition to file for divorce Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more. This petition will, then, be signed by both the parties. Step 2: Appearing before Court and inspection of the petition Both the parties will have to appear before the family court after the filing of the petition. The parties would present their respective counsels/lawyers. The court would critically observe the petition along with all the documents presented in the court. The court may even attempt to bring reconciliation between the spouses, however, if this is not possible, the matter proceeds for further follow-ups. Step 3: Passing orders for a recording of statements on oath After the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath. Step 4: First Motion is passed and a period of 6 months is given before the Second Motion Once the statements are recorded, an order on the first motion is passed by the court. After this, a six months period is given to both the parties to a divorce, before they can file the second motion. The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court. Step 5: Second Motion and the Final Hearing of petition Once the parties have decided to go further with the proceedings and appear for the second motion, they can proceed with the final hearings. This includes parties appearing and recording of statements before the Family Court. Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court. Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off. Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also. Step 6: Decree of Divorce: In a mutual divorce, both parties must have given consent and there shall not be any differences left in the matters related to contentions regarding alimony, custody of a child, maintenance, property, etc. Thus, there needs to be complete agreement between the spouses for the final decision on the dissolution of marriage. If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved. The divorce becomes final once the decree of divorce has been passed by the court.Read More

Posted on 23 Mar 2020 | 1 Answer

Arshi Noor | Legistify

Arshi Noor
Answered on 26 Mar 2020

No, one cannot do second marriage without divorcing his first wife. If one does so, he can be booked under IPC 494 which may result imprisonment up to 07 years with fine and second marriage will become null & void.Read More

Posted on 16 Mar 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 23 Mar 2020

Yes, the wife needs to stay with the husband for 6 months in divorce matter according to the directions of the court.Read More

Posted on 21 Mar 2020 | 1 Answer

Aditya Dua | Legistify

Aditya Dua
Answered on 17 Mar 2020

No, you can go for the Contested Divorce and for that you need to consult the best divorce lawyer in India who can assist you properly for the proceedings in the caseRead More

Posted on 26 Feb 2020 | 1 Answer

Sakshi Yadav | Legistify

Sakshi Yadav
Answered on 19 Mar 2020

You need to hire the best divorce advocate in India for your issue, then only you can get into a proper solution. As if she is going for contested divorce then you need to have an advocate to represent you and defend you.Read More

Posted on 10 Feb 2020 | 1 Answer