Divorce - I have been married since 15 years
3 weeks ago
I have been married since 15 years, I have 13 year old son , raising him alone ,from last 4 years, husband not giving any money . I want divorce from my husband.
How do I get my right in property/settlement from him ?
If I marry second time ,then Can my kid be his father's heirdom of property?
A.Dear Client,
Section 13(1) of the Hindu Marriage Act outlines various grounds for divorce, including cruelty, adultery, desertion, mental illness, etc. Desertion, as per Section 13(1)(ib), allows either spouse to file for divorce if one has deserted the other for two continuous years. Contested divorce, initiated by one spouse when the other disagrees, can be time-consuming and costly compared to mutual divorce. In such cases, filing a one-sided petition for divorce is an option. Typically, if the wife wins a divorce petition based on desertion, the husband is often required to provide financial support. Alimony amount varies and can be a lump sum or regular payments, with a benchmark of 25% of the husband's net monthly earnings established by the Supreme Court for monthly alimony. Upon divorce, a remarried spouse is no longer entitled to maintenance. After divorce, children, not the ex-spouse, can claim inheritance rights.
Section 13(1) of the Hindu Marriage Act outlines various grounds for divorce, including cruelty, adultery, desertion, mental illness, etc. Desertion, as per Section 13(1)(ib), allows either spouse to file for divorce if one has deserted the other for two continuous years. Contested divorce, initiated by one spouse when the other disagrees, can be time-consuming and costly compared to mutual divorce. In such cases, filing a one-sided petition for divorce is an option. Typically, if the wife wins a divorce petition based on desertion, the husband is often required to provide financial support. Alimony amount varies and can be a lump sum or regular payments, with a benchmark of 25% of the husband's net monthly earnings established by the Supreme Court for monthly alimony. Upon divorce, a remarried spouse is no longer entitled to maintenance. After divorce, children, not the ex-spouse, can claim inheritance rights.
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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 divorce petition before the Family Court/District Court seeking maintenance under Sec.125 Cr. PC. So, desertion is a valid ground 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. 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. If a divorced spouse remarries, she is not legally entitled to have maintenance from her ex-spouse any further. Once the divorce is granted by the court, then only the children of such divorced parents would have the right to claim their share in the property of their deceased parent, along with the other legal heirs but not the ex-spouse. 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 divorce petition before the Family Court/District Court seeking maintenance under Sec.125 Cr. PC. So, desertion is a valid ground 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. 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. If a divorced spouse remarries, she is not legally entitled to have maintenance from her ex-spouse any further. Once the divorce is granted by the court, then only the children of such divorced parents would have the right to claim their share in the property of their deceased parent, along with the other legal heirs but not the ex-spouse. 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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