Divorce as I am HIV Positive and Wife is not
4 years ago
I am Looking forward to file a divorce plea on Medical grounds. I have been married for 11 years, I am suffring from HIV and on medication for last 2 years. My wife is not positive. She is not in aggrement fir seperation. However i still want to proceed. I have a daughter as well.
I dont want to take custody of Kid however if she wants i can take ownership,
1. What are steps involved
2. Time taken to complete procedure
3. Cost for entire procedure (all inclusive - doccument cost / court fee / leagel advisor fee)
A.You would not succeed in divorce case on the ground of HIV positive against your wife when she is not ready for the separation.
It would be waste of time and money to file divorce petition.
Better to stay with kid and wife with mutual understanding as nice couple as long as both of you can support each other financially and emotionally with responsibilities to look after your kid for bright future.
It would be waste of time and money to file divorce petition.
Better to stay with kid and wife with mutual understanding as nice couple as long as both of you can support each other financially and emotionally with responsibilities to look after your kid for bright future.
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Suneel Moudgil
Responded 4 years ago
A.lawyer fee varies, depends upon various factors type of work, the social status of the lawyer, the monetary value of the case, the experience of the lawyer, etc, however, in the present facts, the fee will range from 20 to 80 thousand,
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Suneel Moudgil
Responded 4 years ago
A.1. you cannot file the contested divorce on the basis of your medical condition,
2. since your wife does not agree, therefore, a Mutual Consent Divorce cannot be filed,
3. you can file a contested divorce on the grounds of mental cruelty/any other ground but it will take many years,
2. since your wife does not agree, therefore, a Mutual Consent Divorce cannot be filed,
3. you can file a contested divorce on the grounds of mental cruelty/any other ground but it will take many years,
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A.Dear Sir,
Your decision is correct. Courts are supposed to complete the case within 12 months. You may try as follows. Please give me Rank 5 if you feel my answer helped you
==================================================
7 steps to a smart divorce settlement
Save
We take saat phere and an equal number of vows to solemnise a marriage that is said to unite the two together for the rest of their lives. Unfortunately none holds true when a couple decides to call it quits. While emotional loss is something one can live through, the reality of financial loss that arises after being alone is some thing one has to live with forever.
While the emotional loss is equal for both the partners, it is the partner who has no visible means of supporting oneself, who is going suffer financially as well. Divorce settlement, or alimony, is something that one can look forward to for filling the financial gap created after parting ways with the once-loved one. Moreover, there are chances that even this small grace can come to nought for the lack of proper planning.
Here are seven steps one must follow to reach a money-smart divorce settlement.
Get practical; take it as a business deal
The first step one needs to follow strictly is to get past the grief of a broken marriage and think practically for the life ahead. No matter how beautiful a relationship was, it ends messily in most cases. The whole affair of a marriage going awry and troublesome divorceprocess leaves one hurt, angry and overwhelmed with anxiety, fear and despair. The person is always engrossed with the past and present, but rarely thinks about the future. Moreover, number-crunching is the last thing that comes to one���s mind.
However, money matters should be at the centre of the whole process if one wants to get a fair settlement out of a broken marriage. Experts say that one should think financially and act legally to get a fair deal. The best idea is to take the whole process as a business deal, where two partners are going their separate ways. After all, who is going to care if you keep on cursing your fate and your ex-partner after moving out of a relationship?
Know your rights
In India, there is not one single secular law that governs marriages. There are separate community laws for marriages and a divorce is governed by the particular law under which the marriage had been registered. However, in the case of marriages registered under Special Marriages Act, all the personal laws are superseded.
Under the Hindu Marriage Act, a woman can look forward of three kind of payments from her husband after divorce - a lump sum payment called alimony, a monthly amount called maintenance and in some cases both alimony and maintenance. The law also provides for a reverse settlement, where a non-earning husband receives the payment from his earning wife. The law asks a husband to take care of the woman's reasonable needs after the divorce, but there is no clear decree that defines the reasonable needs.
The court usually decides the settlement amount on the basis of income, property and individual financial needs of both the husband and wife. However, the onus lies on the one seeking the settlement money, which is the wife in most cases, to prove the worth of the other partner and his/her capacity to pay the amount demanded.
Be prepared right from the beginning
Most of the preparations and precautions that one needs for getting a fair deal should ideally start much before the divorce bug hits a relationship. In fact, one should be ready for this unfortunate event and plan accordingly from the very beginning of the marriage, or sometimes from even before the marriage takes place. This is quite common in the west and pre-nuptial agreements are routinely signed in celeb marriages keeping such an eventuality in mind. Unfortunately in India, talking about divorce and related money matters is considered a big taboo. But just as we plan for a death in the family, there must be proper planning in case of marriage as well.
A proper, equal and transparent financial planning between a couple not only makes the whole settlement process fair and fast, it can avoid a lot of unfortunate events that often lead to divorce. A number of research reports have said that money matters are the biggest cause of a divorce.
After a divorce, the one who is financially naive, mostly the wife, often gets a raw deal. In a marriage, the husband often takes care of household financial matters, even if the wife is also earning. However, this setup often leaves a woman high and dry after the divorce, when it comes to handling household expenses and other financial matters. No matter, how big an alimony you get, it will be of no use if you have taken a back seat in household financial affairs.
Both the partners should also keep proper financial records, along with clear titles of all the high-value items in a house. Divorce cases have also been seen to have moved into the territory of who keeps the costly paintings and carpets that were purchased without any bills to prove exact proprietorship. Ideally, both the spouses should credit their salaries or incomes into a joint account to run household expenses. The couples should also make their savings and investments in joint name with a fair proportion and both the partners should have a clear idea and access to all the financial details and records. To avoid any rancour and bitterness later, couples should discuss and distribute their finances and financial responsibilities equally right from the beginning of their married life.
Get a clear idea of your share
One must have a clear idea about his/her share before going to stake a claim in the court room. In some of the western countries, women get half of the hard assets acquired during a marriage, such as property, cars, white goods, jewellery and other high-value items. In some states of the US, women are also entitled to get a part of the husband's pension after a marriage. However, in India, the law does not recognise anything as a marital property. All the assets acquired during a marriage are the sole property of the person who had paid for it.
To ensure a fair deal at the end of a relationship, one needs to take care in getting clear title of all the assets acquired during the course of a marriage. The best idea would be again to buy all the assets as co-owners. Both the partners should have access to all the financial details, including investments and debts, such as stocks, bonds, mutual funds, bank accounts, credit cards, car loans, home loans etc. Besides the details about joint investments and debts, the two partners should also know the individual financial details, if any.
While a woman has no rights to marital property without any clear ownership proof, she can stake her claim for all the gifts, including jewellery, land, property and appliances, given by her parents or in-laws at and during the marriage. These gifts are collectively known as stridhan or woman's wealth. However, sometimes it becomes difficult to prove that these gifts are part of wife's stridhan, as most often there are no records of the asset ownership. The onus lies on the parents that the gifts given to a woman are made in her name with necessary paperwork to prove the ownership at any later stage. Women are also advised to preserve the wedding pictures to prove that she had received jewellery as gifts.
Count your monies right
Keeping a proper budget ready not only helps in planning for the future financial issues, it also helps in deciding upon a settlement amount at the time of divorce. You need to review all the investment plans, spending patterns and estimate the expenses for the post-settlement period. If you are taking custody of children, you need to figure out the costs and expenses associated with their education, besides overall household expenses.
You also needs to know in advance if there are any hidden costs, such as maintenance, outstanding mortgage etc, associated with the house if your are staking claim on it. Experts say that the best idea is to sell a house that was in joint name before the divorce and share the sale proceeds proportionately.
Women are required to be extra careful when taking the child custody. Under the law, a father remains natural guardian of a child even if mother takes his/her custody after divorce. The mother can become a guardian only if the father is found to be absent, which is a legally complex term. Therefore, women should stay clear of taking any settlement proceeds, including the property title, in the minor child's name, as the husband would continue to have a final say being a natural guardian of the child.
You need to also consider the tax issues associated with the settlement. While there is no specific income-tax law related to the divorce settlements, the tax experts consider the one-time lump sum payment more tax-friendly, rather than the monthly maintenance payments.
Keep all documents ready
You need to carry a really bulky bag full of records and documents to ensure a fair divorce settlement. A clear idea of all the household financial matters, whether in joint or individual names, also helps in deciding the amount of settlement. To prove one's capacity to pay the settlement amount, you need to provide the court with the proof of his net worth. For this purpose, details about income tax returns, credit cards, mobile phones, hotel and club bills, share certificates and other investment details may prove to be useful during a divorce case.
The list can be exhaustive but this will help a lot during the whole process. The documents and related to be kept ready include:
��� Tax returns for both spouses
��� Retirement plan records for both spouses
��� Salary slips of both partners
��� Employee benefit statements and employee stock option documents
��� Copies of all insurance policies
��� All the bank, credit card and brokerage account details
��� Stock, bonds and mutual fund details
��� Sale deed or lease agreement of the house
��� Documents related to all outstanding debts, including home, car and credit card loans
��� Copies of powers of attorney
��� Receipts for all big-ticket purchases
��� Birth and marriage certificates
��� Details about your children
Get Professional help
Last, but not the least, one should always hire a lawyer for legal aspects and a financial planner to take care of your money matters. Remember that a professional can always get you a better a deal. Therefore, do not shy away from the hefty fees they may charge. Make sure to consult with your lawyer and financial planner before taking any step, such as issuing a statement, moving out of the house, taking a financial decision etc.
Your decision is correct. Courts are supposed to complete the case within 12 months. You may try as follows. Please give me Rank 5 if you feel my answer helped you
==================================================
7 steps to a smart divorce settlement
Save
We take saat phere and an equal number of vows to solemnise a marriage that is said to unite the two together for the rest of their lives. Unfortunately none holds true when a couple decides to call it quits. While emotional loss is something one can live through, the reality of financial loss that arises after being alone is some thing one has to live with forever.
While the emotional loss is equal for both the partners, it is the partner who has no visible means of supporting oneself, who is going suffer financially as well. Divorce settlement, or alimony, is something that one can look forward to for filling the financial gap created after parting ways with the once-loved one. Moreover, there are chances that even this small grace can come to nought for the lack of proper planning.
Here are seven steps one must follow to reach a money-smart divorce settlement.
Get practical; take it as a business deal
The first step one needs to follow strictly is to get past the grief of a broken marriage and think practically for the life ahead. No matter how beautiful a relationship was, it ends messily in most cases. The whole affair of a marriage going awry and troublesome divorceprocess leaves one hurt, angry and overwhelmed with anxiety, fear and despair. The person is always engrossed with the past and present, but rarely thinks about the future. Moreover, number-crunching is the last thing that comes to one���s mind.
However, money matters should be at the centre of the whole process if one wants to get a fair settlement out of a broken marriage. Experts say that one should think financially and act legally to get a fair deal. The best idea is to take the whole process as a business deal, where two partners are going their separate ways. After all, who is going to care if you keep on cursing your fate and your ex-partner after moving out of a relationship?
Know your rights
In India, there is not one single secular law that governs marriages. There are separate community laws for marriages and a divorce is governed by the particular law under which the marriage had been registered. However, in the case of marriages registered under Special Marriages Act, all the personal laws are superseded.
Under the Hindu Marriage Act, a woman can look forward of three kind of payments from her husband after divorce - a lump sum payment called alimony, a monthly amount called maintenance and in some cases both alimony and maintenance. The law also provides for a reverse settlement, where a non-earning husband receives the payment from his earning wife. The law asks a husband to take care of the woman's reasonable needs after the divorce, but there is no clear decree that defines the reasonable needs.
The court usually decides the settlement amount on the basis of income, property and individual financial needs of both the husband and wife. However, the onus lies on the one seeking the settlement money, which is the wife in most cases, to prove the worth of the other partner and his/her capacity to pay the amount demanded.
Be prepared right from the beginning
Most of the preparations and precautions that one needs for getting a fair deal should ideally start much before the divorce bug hits a relationship. In fact, one should be ready for this unfortunate event and plan accordingly from the very beginning of the marriage, or sometimes from even before the marriage takes place. This is quite common in the west and pre-nuptial agreements are routinely signed in celeb marriages keeping such an eventuality in mind. Unfortunately in India, talking about divorce and related money matters is considered a big taboo. But just as we plan for a death in the family, there must be proper planning in case of marriage as well.
A proper, equal and transparent financial planning between a couple not only makes the whole settlement process fair and fast, it can avoid a lot of unfortunate events that often lead to divorce. A number of research reports have said that money matters are the biggest cause of a divorce.
After a divorce, the one who is financially naive, mostly the wife, often gets a raw deal. In a marriage, the husband often takes care of household financial matters, even if the wife is also earning. However, this setup often leaves a woman high and dry after the divorce, when it comes to handling household expenses and other financial matters. No matter, how big an alimony you get, it will be of no use if you have taken a back seat in household financial affairs.
Both the partners should also keep proper financial records, along with clear titles of all the high-value items in a house. Divorce cases have also been seen to have moved into the territory of who keeps the costly paintings and carpets that were purchased without any bills to prove exact proprietorship. Ideally, both the spouses should credit their salaries or incomes into a joint account to run household expenses. The couples should also make their savings and investments in joint name with a fair proportion and both the partners should have a clear idea and access to all the financial details and records. To avoid any rancour and bitterness later, couples should discuss and distribute their finances and financial responsibilities equally right from the beginning of their married life.
Get a clear idea of your share
One must have a clear idea about his/her share before going to stake a claim in the court room. In some of the western countries, women get half of the hard assets acquired during a marriage, such as property, cars, white goods, jewellery and other high-value items. In some states of the US, women are also entitled to get a part of the husband's pension after a marriage. However, in India, the law does not recognise anything as a marital property. All the assets acquired during a marriage are the sole property of the person who had paid for it.
To ensure a fair deal at the end of a relationship, one needs to take care in getting clear title of all the assets acquired during the course of a marriage. The best idea would be again to buy all the assets as co-owners. Both the partners should have access to all the financial details, including investments and debts, such as stocks, bonds, mutual funds, bank accounts, credit cards, car loans, home loans etc. Besides the details about joint investments and debts, the two partners should also know the individual financial details, if any.
While a woman has no rights to marital property without any clear ownership proof, she can stake her claim for all the gifts, including jewellery, land, property and appliances, given by her parents or in-laws at and during the marriage. These gifts are collectively known as stridhan or woman's wealth. However, sometimes it becomes difficult to prove that these gifts are part of wife's stridhan, as most often there are no records of the asset ownership. The onus lies on the parents that the gifts given to a woman are made in her name with necessary paperwork to prove the ownership at any later stage. Women are also advised to preserve the wedding pictures to prove that she had received jewellery as gifts.
Count your monies right
Keeping a proper budget ready not only helps in planning for the future financial issues, it also helps in deciding upon a settlement amount at the time of divorce. You need to review all the investment plans, spending patterns and estimate the expenses for the post-settlement period. If you are taking custody of children, you need to figure out the costs and expenses associated with their education, besides overall household expenses.
You also needs to know in advance if there are any hidden costs, such as maintenance, outstanding mortgage etc, associated with the house if your are staking claim on it. Experts say that the best idea is to sell a house that was in joint name before the divorce and share the sale proceeds proportionately.
Women are required to be extra careful when taking the child custody. Under the law, a father remains natural guardian of a child even if mother takes his/her custody after divorce. The mother can become a guardian only if the father is found to be absent, which is a legally complex term. Therefore, women should stay clear of taking any settlement proceeds, including the property title, in the minor child's name, as the husband would continue to have a final say being a natural guardian of the child.
You need to also consider the tax issues associated with the settlement. While there is no specific income-tax law related to the divorce settlements, the tax experts consider the one-time lump sum payment more tax-friendly, rather than the monthly maintenance payments.
Keep all documents ready
You need to carry a really bulky bag full of records and documents to ensure a fair divorce settlement. A clear idea of all the household financial matters, whether in joint or individual names, also helps in deciding the amount of settlement. To prove one's capacity to pay the settlement amount, you need to provide the court with the proof of his net worth. For this purpose, details about income tax returns, credit cards, mobile phones, hotel and club bills, share certificates and other investment details may prove to be useful during a divorce case.
The list can be exhaustive but this will help a lot during the whole process. The documents and related to be kept ready include:
��� Tax returns for both spouses
��� Retirement plan records for both spouses
��� Salary slips of both partners
��� Employee benefit statements and employee stock option documents
��� Copies of all insurance policies
��� All the bank, credit card and brokerage account details
��� Stock, bonds and mutual fund details
��� Sale deed or lease agreement of the house
��� Documents related to all outstanding debts, including home, car and credit card loans
��� Copies of powers of attorney
��� Receipts for all big-ticket purchases
��� Birth and marriage certificates
��� Details about your children
Get Professional help
Last, but not the least, one should always hire a lawyer for legal aspects and a financial planner to take care of your money matters. Remember that a professional can always get you a better a deal. Therefore, do not shy away from the hefty fees they may charge. Make sure to consult with your lawyer and financial planner before taking any step, such as issuing a statement, moving out of the house, taking a financial decision etc.
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi Ranvir,
Sorry to know about your health conditions. It would have easy if she agreed for the same.
1. You need to file a petition before the jurisdictional family court.
2. It takes 1 year to depend on the various application and availability of the judges.
3. 30k to 40k
Sorry to know about your health conditions. It would have easy if she agreed for the same.
1. You need to file a petition before the jurisdictional family court.
2. It takes 1 year to depend on the various application and availability of the judges.
3. 30k to 40k
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Share
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