Call tracking
My wife is not staying with me from last 9 months.. she is in contact with my friend. She mentioned in messages that she is tracking my phone and calls and location. Also she has written that she will
2 years ago
A. Dear Sir,
You can file contested divorce as follows and get it decreed ex-parte.
How To Get A Divorce In India
There are different laws of divorce for different religion. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955.Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872.Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 &The Muslim Women(Protection of Rights on Divorce) ...ReadMore
What are the legal consequences i am going to face if i suddenly run away from my husband
What are the legal consequences i am going to face if i suddenly run away from my husband and everyone without giving an information of my whereabouts and anything i don't want to live with him .. it
2 years ago
A. Dear Madam,
A missing complaint will be lodged by your parents or husband. Then Police may trace you out and ask you whether would like to reside with your parents or husband and on your choice you will be let go. But, if you are residing in somebody’s residence they may be charged saying that they kidnapped you.
Ground for divorce
Can my husband get divorce on ground of adultery if he has proof of whatsapp chats before marriage (7 months before marriage). How strong his case will be on the basis of my past relationship .
2 years ago
A. Anything that happened before the marriage can be called as adulterous and your husband will not be able to get any benefit out of this while filing a divorce case in the court. Past relationships are just a fact which can be mentioned in the case but will not go to the extent of deciding the case.
HINDU MARRIAGE ACT NOT APPLICABLE ON ME BECAUSE I AM SHEDULE TRIBE MEMBER
I am schedule tribe member and I want to divorce in our community because HMA act is not applicable on us. I need a direction through family court on order sheet to divorce through adivasi panchayat
2 years ago
A. Marriages and divorces are regulated by the personal laws and tradition as applicable to the individuals. In case you are not covered under the HMA then you can follow your own traditional tribal method and post that yo can apply for a declaration suit in the local court for the same.
Domestic Violence, Separate mother, Divorce
It is anonymous for privacy concerns. I am A, my brother B, mother M and father K. K repeatedly committed domestic violence in his family. Torturing M,A,B was a daily activity for him. M,A,B even went
2 years ago
A. Hi,
'M' can file a case under section 498A of IPC. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Cruelty is the main ground to seek divorce as defined under 'Sec 13(1) (i-a)' of 'The Hindu Marriage Act, 1955'. She can plead for divorce under the said act. You can also file a suit against K for criminal intimidation. Please conta ...ReadMore
Jagannath S Pawar
I m divorce women so how can I get my cast certificate for my child
I am divorced women so how can I get my cast certificate for my child
2 years ago
A. Hi,
Divorce lady can apply for caste certificate if she has already cast certificate in her name. If child's father has cast certificate then also she can apply for caste certificate of child's father caste. However, if the mother belongs to a backward class and the father belongs to a forward class, then the caste certificate of the child will be according to that of the father. You may approach the tahsildar of your area with the correct documents and get the certificate issued.
If you like m ...ReadMore
Wife has filed 498A and DV case, how to file a divorce case?
I have already filed H.M.O.P case on March, 2021 for consequential rights. But my wife was filed 498A and DVC Case on April, 2021 and July, 2021 against me. Further I know that, she will again plan to
2 years ago
A. When you have already filed a case for restitution of conjugal rights then during the pendency of this case you cannot file divorce without withdrawing the present case. So, if you want to file a separation case then first withdraw the current one. Secondly you do have a good ground of 498A and DV causing mental cruelty to you which can be formed as the ground for divorce.
How to avoid entrance of my wife in matrimonial house post filing divorce
Dear Sir, I have filed divorce case against my wife and have informed her. At present she is living in her parental house for last 15 days. We have kept our home (Matrimonial house) locked since then
2 years ago
A. Hi,
A married woman has the right to enter her matrimonial home as much as she has the right to enter her natal home. There is no legal provision as such to prevent her by entering the matrimonial home. Even trespass wouldn't stand since she has the right to enter the property. Only after the divorce has been decreed can you get a restraining order.
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Is a man entitled to divorce his wife once dowry case and physical harassment case against his parents is falsified by evidence n facts
is a man entitled to divorce his wife once dowry case and physical harassment case against his parents is falsified by evidence n facts
2 years ago
A. Hi, yes, anyone is entitled file for a divorce at anytime provided a reasonable ground exists for the same. It is worth noting that currently, acceptable grounds of divorce include: 1) Adultery, 2) Conversion to another religion, 3) One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce., 4) Not been seen or heard alive for a period of seven or more years., 5) Failure in observing the restitution of con ...ReadMore
can i use my phone or that chat as evidence to court?
Hi My husband used to torture me abuse very badly and exploited financially by transferring all my salary to his account. After all this when I started to resist them he threw me outside the house wi
2 years ago
A. Hi, chats cannot be used as primary evidence in a court of law. The can, however be presented in the court and treated as secondary evidence as per the discretion of the judge. If you found this helpful, please rate me.
Advocate Sinjari Bandyopadhyaya