Can divorce possible-Legal rights for men
1 month ago
I have a friend, who got married last month but he liked someone else and under family pressure he got married, but on the wedding day he realised that it is a wrong decision. His wife is torture from the day they met, she used to say him that you are womanizer, and you had many relationships. My friend confessed that he liked someone else and he married her under family pressure. To which she got angrier and said that he will poison both my friend and that girl and she will take all his money and marry someone else. He even tried to console her and was ready to fix everything in the marriage. But unfortunately that girl is still the same and she is continuously saying I don't want to be with you and you will die soon. She said that she will take all his money and freedom. My friend left home and is not willing to be in this marriage and wants to move out. Kindly suggest waht can be done in order to protect and to keep the boy safe.
A.Dear Client,
Section 13(1) of the Hindu Marriage Act, 1955 outlines grounds for divorce, including desertion and adultery. Under Section 13(1)(ib), desertion for two years permits a spouse to file for divorce. Adultery, defined in the Act, also constitutes grounds for divorce. High Courts and the Supreme Court recognize both desertion and adultery as valid grounds for contested divorce. In such cases, if the respondent doesn't respond, the court may proceed based on the petitioner's testimony. Contested divorce can be costly and time-consuming compared to mutual divorce. When reconciliation isn't possible, one can file for contested divorce. In cases where the wife seeks divorce on grounds of desertion and wins, the husband usually pays alimony. There's no fixed formula for alimony calculation, but the Supreme Court suggests 25% of the husband's net monthly income for monthly payments. However, navigating contested divorce requires legal expertise, and consulting a divorce lawyer is advisable.
Section 13(1) of the Hindu Marriage Act, 1955 outlines grounds for divorce, including desertion and adultery. Under Section 13(1)(ib), desertion for two years permits a spouse to file for divorce. Adultery, defined in the Act, also constitutes grounds for divorce. High Courts and the Supreme Court recognize both desertion and adultery as valid grounds for contested divorce. In such cases, if the respondent doesn't respond, the court may proceed based on the petitioner's testimony. Contested divorce can be costly and time-consuming compared to mutual divorce. When reconciliation isn't possible, one can file for contested divorce. In cases where the wife seeks divorce on grounds of desertion and wins, the husband usually pays alimony. There's no fixed formula for alimony calculation, but the Supreme Court suggests 25% of the husband's net monthly income for monthly payments. However, navigating contested divorce requires legal expertise, and consulting a divorce lawyer is advisable.
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A.Dear Client,
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Adultery was also considered a ground for divorce by the Marriage Laws Amendment Act, 1976. Adultery is defined under section 13 (1) of the Hindu Marriage Act. When Either of the spouses is voluntarily indulging in an affair with another individual. So, both desertion and adultery are valid grounds to seek divorce by either spouse. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Various High Courts and the Supreme Court have recognized both desertion and adultery as valid grounds for one-sided divorce, defining what constitutes desertion and adultery in different contexts. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. If the wife files a divorce petition on the grounds of desertion seeking maintenance/alimony and wins, then in most cases of divorce, it is the husband who has to pay financial support to his divorced wife. There is no set pattern or hard and fast principle for calculating the amount of alimony that the husband must pay to his wife. Alimony can be paid on a regular or monthly basis, or as a one-time compensation in the form of a lump sum. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
Sub-section 1 of Section 13 of the Hindu Marriage Act, 1955 presents the general grounds of divorce that are available to both the parties involved in a broken marriage and include cruelty, adultery, desertion, conversion, mental illness, communicable diseases, presumption of death, and renunciation of the world. etc. According to Section 13(1)(ib) of the HMA, if one of the parties to the marriage has deserted the other for a continuous period of two years immediately preceding the presentation of the petition, then that person can file a petition for divorce. Adultery was also considered a ground for divorce by the Marriage Laws Amendment Act, 1976. Adultery is defined under section 13 (1) of the Hindu Marriage Act. When Either of the spouses is voluntarily indulging in an affair with another individual. So, both desertion and adultery are valid grounds to seek divorce by either spouse. Contested divorce which is also known as one-sided divorce occurs when one spouse wants to end the marriage, and the other does not agree. Various High Courts and the Supreme Court have recognized both desertion and adultery as valid grounds for one-sided divorce, defining what constitutes desertion and adultery in different contexts. If the respondent fails to appear or respond in the one-sided or contested divorce case, the court may proceed with a ruling based on the testimony of the petitioner. A contested divorce is more expensive and time-consuming than a mutual divorce. So, when there is no possibility of cohabitation and no scope of mutual divorce, you can file a one-sided/contested divorce petition before the appropriate Court praying for a decree of divorce. If the wife files a divorce petition on the grounds of desertion seeking maintenance/alimony and wins, then in most cases of divorce, it is the husband who has to pay financial support to his divorced wife. There is no set pattern or hard and fast principle for calculating the amount of alimony that the husband must pay to his wife. Alimony can be paid on a regular or monthly basis, or as a one-time compensation in the form of a lump sum. If alimony gets paid monthly, the Supreme Court of India has established a benchmark value of 25% of the husband's net monthly earnings to get awarded to the wife. However, grounds for one-sided divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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