Mental Harassment by husband what to do now? Mental Harassment by husband what to do now?

I got married on 10th dec. 2020. Arranged marriage. On the first night itself my husband said, that he had no feelings for me as he was not interested to get married at all. They knew before marriage

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Posted 6 months ago


A. Dear Sir,
You can claim Restitution of Conjugal Rights under Section 9 of Hindu Marriage Act and if your husband not ready to consummate the marriage then he has to face big consequence. Get issue a strong legal notice and try to convince him legally.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

How to send undelivered divorce notices to other party? How to send undelivered divorce notices to other party?

Sir my sister and my brother lw has married in 2018 after 1year my sister give birth to a baby after that my brother in-law and her family has no no contacts with our family from 2years we sent divo

5 Response(s)

Posted 6 months ago


A. Hi,
There's no compulsion for notice. now, you have to file a divorce case before the family court. if she doesn't appear, the proceedings will be ex parte. You have to approach the family court with a suit filed u/S 13.
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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Do I need to send legal notice before filing divorce? Do I need to send legal notice before filing divorce?

What are legal notice served before filing for divorce

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Posted 7 months ago


A. If yours is a contested divorce than yes you will have to issue notice before filing for divorce.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

What is the provision for child maintenance in Mutual divorce What is the provision for child maintenance in Mutual divorce

I am going through mutual divorce after 10 years of marriage. Have one girl child who will stay with my wife and she will have the full custody. I am giving money and flat as one time settlement tow

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Posted 7 months ago


A. Hello
Your daughter can claim maintenance in future until she age of 18 years or she started earning. Although, your wife cannot claim maintenance after the divorce. Option you have is to make clearly mention in the divorce petition that what your are leaving for your daughter and what for her mother.
Thanks.

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Latest Response 7 months ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

How to speed up the petition filing for mutual divorce How to speed up the petition filing for mutual divorce

With reference to #230030 After finalizing all T&C (cash alimony for my wife, property rights to my wife for child's maintenance) with my wife over last few months, we finally decided to proceed

6 Response(s)

Posted 7 months ago


A. Child maintenance clauses can be added in divorce terms even if the divorce is happening under any law or Act, do not fall to such trap because if the child maintenance clause is not included in mutual consent terms of divot your wife might get further scope to file litigation for child maintenance even after the divorce has happened which may disturb you even further therefore insist through your lawyer on child maintenance terms to be added/included in the divorce terms to keep the same stable ...ReadMore

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Cancellation of marriage certificate Cancellation of marriage certificate

I had signed the marriage registration papers in 2020 but didn't stay with the partner after registration and didn't get married in front of the fire and didn't take saat phere so is the marriage canc

4 Response(s)

Posted 7 months ago


A. Hello
As you have got your marriage registered, you and your partner are husband and wife now. In the eyes of law you would be considered as Husband and wife. So in order to cancel your marriage you'll have to do it by divorce. You could file a suit for divorce.
Thanks

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Latest Response 7 months ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Mutual divorce Mutual divorce

My wife and I are going for mutual divorce. Even after agreeing to the one time alimony , child maintenance etc which I will give to wife, her side lawyer is unnecessarily delaying the matter , for

5 Response(s)

Posted 7 months ago


A. 1. No. You can give fact of providing maintenance to child. Child has independent right in this regard and no parent can take away this right of child.
2. You can split alimony In two part out of which one at the time of first motion and final payment at the time of second motion. You can also pay in one go at the time of second and final motion.
Engage your own lawyer.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Withdrawal of consent after second motion Withdrawal of consent after second motion

How does one withdraw consent in a MCD case , after both parties have given consent for divorce in second motion ?

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Posted 7 months ago


A. Consent can be withdrawn at any point of time before the decree/judgement is passed is in MCD as free consent is most important element of Mutual Consent Divorce.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Property Rights Property Rights

In a divorce case filed by wife if the husband dies during the pendency and the maintenance is also still pending what are her rights over the property of husband .And can she also claim from self own

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Posted 7 months ago


A. Hi,
As per S.8 of the Succession Act, the wife is one of the recognised individuals who have the right to claim a devolving interest in the property however it is limited only to the ancestral property. Secondly, she cannot claim more than her husband's share if the property was to be divided.
If you find my answer helpful then kindly rate me.

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Latest Response 7 months ago
Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

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Madhulika  Bhatnagar

Madhulika Bhatnagar

Falsely accused of ipc 377 by wife Falsely accused of ipc 377 by wife

How can I get divorce from my wife who have filed 498a, 323, 406, 504, 506, 34 later added 377 which resulted in 3 days police custody and thereafter bail was granted ? 17 months have passed for marri

4 Response(s)

Posted 7 months ago


A. You need to be very careful as it seems she has got guidance of a good lawyer. First of all you agree for some amount settlement and once that is done you hire a good criminal lawyer and show that as an evidence to the court that she lodged a false case against you to extract money. You may also try to get all the criminal cases quashed at the High Court under Section 482 of CrPC.
Post all this you can very well file a divorce case under the ground of cruelty by hiring a good divorce lawyer.

Yo ...ReadMore

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