Married as per Hindu rites then Registred the marriage
5 years ago
Dear Sir/Madam,
I need to ask yourself a genuine question about my divorce. I am a Hindu and I married a Hindu woman, arranged marriage. Post marriage we got our marriage registered. Now I want to file a divorce case so want to know that the divorce case will be filed as per the Hindu Marriage Act or as the Special Marriage Act. Thanks in advance
A.Dear Sir,
It is a common sense that if you marry under the provisions Hindu Marriage Act how you can file divorce under SM Act. Before that please go through the following pros and cons of divorce.
=========================================================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
It is a common sense that if you marry under the provisions Hindu Marriage Act how you can file divorce under SM Act. Before that please go through the following pros and cons of divorce.
=========================================================================================================
FOLLOWING ARE QUESTIONS ASKED BY MY OTHER CLIENTS….ON THE SUBJECT OF DIVORCE..
======================================
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
8.We can deny if they ask huge amount in alimony to pay as I don’t have that much earning or saving with me to give her huge amount of alimony ?
Ans: Yes, definitely. Then she is entitled for monthly maintenance only.
9.What is the difference between alimony and monthly expenses ?
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
10.Do I need to pay monthly expenses only for my son or I need to pay for wife also it is compulsory to give monthly expenses to wife ?
Ans: yes to both. If you do not pay, your belongings will be attached and you will put into jail, if you are purposefully avoiding.
11.Whether she can do any police complain against me or my family ?
Ans: Yes. But now Supreme Court given several instructions to police before arrest.
12.Whether it is bailable or non bailable complaint?What precautions we shud take to avoid this?
Ans: Non-Bailable unders section 498A IPC and 3 and 4 of Dowry Prohibition Act. You must get aniticipatory bail under section 438 of CrPC
13.Can she harm me and family by putting false alligations ? How to take precautions for all this?
Ans: YES, File quashing petition before the High Court.
14.I even want to know that what are strict norms are there for taking divorce?
Ans: It all depends upon evidence, male rarely get divorce but women get very easily, it is the legal presumption, I am saying this as per my experience as judge.
15.Because my wife is continuously telling me now Norms are very very strict what’s are they?
Ans: Nothing to bother, your advocate protect you.
16.Yes she is working if she is working then I am not liable for her maintenance money
Ans: Yes, your burden will be lessened to 50 to 75%
17.what is section 487A IPC in this can we go bail procedure before and keep it ready with us.
Ans: At the end given.
18.What is RCR?
Ans: It is Restitution of Conjugal Rights filed under section 9 of Hindu marriage Act.
19.What are Section 498A and DV Act?
Ans: Given below
20.Under this act will I get bail or not?
Ans: 498A is non bailble, in these days bail is being given to all husbands if there is delay in FIR.
21.But my wife is asking for Alimony separate and monthly maintenance separate Can I combine both as give her?
Ans: No, law does not permit.
22.It is necessary to give her monthly maintenance in her hand or I can transfer to her account?
Ans: to her account.
22.What is Special marriage act and Indian Divorcee Act?
Ans: Please see below. Both applicable in India.
23.what is the procedure for taking bail?
Ans: Your advocate will tell you if you pay fee.
24.If my wife does second marriage will I be still liable to pay her monthly maintenance?
Ans: No.
25.My wife was troubling me a lot and was keep fighting with me for no reason so in the anger I told her if you continue to trouble me like this I will do Second marriage will this create any problem for me in getting the divorce?
Ans: You will be in jail if you marry without divorce under sectin 494 IPC
26.If I am not capable of paying alimony amount if my wife asks for that what court will take the section.
Ans: If you have money and refuse then you will be sent to jail.
27.From almost 9 months she is at her parent home Can she file a complaint against domestic violence against me or my family?
Ans: yes, police create a very good story and register FIR,
28.Mutual Divorce take 6 month time can we do settlement out of court and take divorce fast?
Ans: yes. if you pay alimony and good fee to your advocate it can be settled within 30 days.
Section 9 in The Hindu Marriage Act, 1955
9 Restitution of conjugal rights. 7 [***] When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 8 [ Explanation. Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.] 9 [***]
Section 498A in The Indian Penal Code
376 [498A. Husband or relative of husband of a woman subjecting her to cruelty.—Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun¬ished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.—For the purpose of this section, “cruelty” means—
(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
(b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.]
Dear Sir,
Your questions are answered as follows:
1.Can she ask me to come to her place or refuse to come to my place?
Ans: No, it cannot be. Her proposal cannot be accepted by Courts.
2.Can she file false dowry and domestic violence case.?
What punishment will be given to her for false cases ?
Ans: She can file but on its failure no punishment can be given to her saying she lodged false cases, since it is family matter.
3.How long shd I wait for getting divorce if contested ?
Ans: About 2-3 years depending upon the tactics of other side.
4.How frequent can I get visitation rights of child and also during trial ?
Ans: Once a 15 days depending upon age and sex of the child.
5.Does my and parents govt job affected by it also pension settlement as my dad will retire in1 year if she files false cases?
Ans: If she includes your parents in the FIR, there will be some problems in pension settlement.
6.Does separation count from the day she left or the day I stopped visiting her ?
Ans: The day she left you that is deserted you.
7.Is it not the duty of wife to come to husband home as supreme court has granted divorce to husband ,in which wife refused to stay with in laws?
Ans: Yes, you are correct.
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
The following are similar FAQs asked by my another client....for your ready reference.
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
Dear Sir,
My answers are as follows: Before starting you must remember that it is big task and never fight for case. Be cool and face it.
1, I want to know what is procedure to take divorce now and how much alimony i have to give her and monthly expenses as well.
Ans: Alimony means one time full settlement money given to wife. Montly maintenance is awareded during the pendency of case. She is entitled for one only.
2. What’s are rule and regulation for taking divorce?
Ans: It is given below.
3.I want to know whether my wife can claim her rights on the property of my parents like (my parents house) where i and my family live in as alimony.
Ans: No, wife has no share only right for maintenance or alimony. If she is educated and avoiding employment then alimony will be between Rs.2 – 3 lakhs one time settlement.
4.Will court seal my parent house as alimony ? And even she is asking to sign a paper where it will written as tht I can’t meet my son also in my entire life .
Ans: No, your father property cannot be ancestratl property as such your son not entitled for any share. You should not sign any paper. You have pay monthly maintenance to your son till he attains age of majority, only if you have sufficient means/source of income.
5.Can I take my son custody after 7 years from court.
Ans: Yes, even before that.
6.If I want to do settle out court what is the chance of her asking me for alimony amount?
Ans: Rs. 5 to 6 lakhs.
7.On what bases this alimony and monthly expenses is decided?
Ans: On the basis of your personal income.
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GANESH SHARMA
Responded 5 years ago
A.Certainly under section 13 of HMA (Hindu Marriage Act).
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Johnson Thangiah
Responded 5 years ago
A.Sir,
File HMOP case.
File HMOP case.
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Anonymous
Replied 5 years ago
Sir, Please elaborate what is HMOP. Thanks in advance
Johnson Thangiah
Replied 5 years ago
Sir,
Hindu Marriage original petition (HMOP).
Nirmal Chopra
Responded 5 years ago
A.Divorce petition will be filed under Hindu marriage Act
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Rajeev RJ
Responded 5 years ago
A.so marriage is registered under the special marriage act. If hindu marriage is not registered then you have file divorce under the special marriage act. I any further clarification is required please let me know
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Ashish K Dongre
Responded 5 years ago
A.If it is registered under special marriage act you have to file divorce case under special marriage act and vice versa. It will be written on your registered certificate.
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