Living together after divorce Living together after divorce

5 years ago

I did love marriage in Arya Samaj in 2014, but my spouse family had lot of pressure for dowry and leaving my job. After 3 years of fight with his parents we had to take divorce, it was mutual just to make them happy. We never separated and still live together with own wish. His family is threatening of court case. Please suggest my and spouse rights.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Client,
No problem.
But, in case you have a baby in between then there might be problem with regard to paternity.
Who is the legal father/biological father of the child.
In case wife files a case you might land up in jail, paternity test through DNA in Govt lab etc.
So, it is better to legalise.
You have the right to remarry.
Shanti Ranjan Behera
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Just file DV case seeking following reliefs.
==============================================================================

PRAYER
HENCE THE APPLICANT HUMBLY PRAYS
A) to take cognizance for the offence punishable u/s 498A IPC and punish Respondent No.1 to 3 as per law and extend police protection to the deponent,

B) Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.

C) Pass orders u/s 18, in totality against Respondent No.1 to 3,

D) Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.

E) Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent No.1 as he is residing in the house of respondent No. 3, which is legally prohibited,

F) Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent No.1 falsely filed Divorce Petition.

G) The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,

H) That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

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Vidhi Samaadhaan Vidhi Samaadhaan

Shreyash Mohta

Responded 5 years ago

A.Do not get threatened.
Even if you people have taken a mutual divorce and stay together it is not a problem.
There are supreme court judgements and guidelines which have legalised live in relationships and such a relationship shall be treated in the same way as a marriage is treated.
Both of you who are staying together shall be treated as husband and wife [unless proven otherwise]

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Shreyash Mohta
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Anonymous

Replied 5 years ago

We never separated for 1 year as required condition for divorce, is divorce still valid then. My in laws forcefully took my husband. I know sounds wierd but he is too much pressurised and blackmailed. Can I claim this divorce?

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Shreyash Mohta

Replied 5 years ago

The divorce can be claimed but the pre conditions must be satisfied.

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