Getting married in Europe
Getting married in Europe
I was married in India in 2019 and it lasted only for a month and half and divorced after a year because I had to wait for one year to get divorced. In between this one year I had gone to Europe and
2 months ago
A. Dear Client,
To legally validate your remarriage or second marriage, it is necessary to obtain a divorce through a court decree before entering into a new marriage. Without a court-issued divorce decree nullifying the previous marriage, either spouse is prohibited from marrying another person. Such a marriage contravenes the conditions outlined in Section 5(1) of the Hindu Marriage Act, 1955, rendering it void under Section 11 of the Act.
Marriage certificate
I got a divorce decree from my nearby court in 2021 upon granting the divorce i was told by my lawyer the judge takes away the marriage certificate. Is that true ?
2 months ago
A. Dear Client,
Incorrect, as judges do not typically request or retain marriage certificates in court proceedings.
Divroce case
We are settled abroad and my husband wants to divorce me. He took some part of down payment from my parents to fund the house we bought in Canada. Also he took 27000 Canadian Dollars from my real brot
2 months ago
A. Dear Client,
If money transfers occurred from your father and brother's accounts to your husband's account in India, and you wish to file a complaint for dowry harassment under Section 498A of the IPC, it's important to consider the legal time limits. Section 468 of the CrPC sets a 3-year time limit for such complaints. Ideally, a dowry case should be filed within 7 years of marriage for a stronger legal position. However, cases filed beyond 7 years may not be successful.
Given that your marr ...ReadMore
Mental torture and fights over property
Me and my husband bought a joint property worth 75 lk in 2013. My husband is planning to sell the property and keep all money with him. We have been married for 17 years and our fights over money has
2 months ago
A. Dear Client,
If you have substantial evidence of the mental cruelty and harassment you've endured from your husband at your matrimonial home, you have the option to file a complaint under Section 12 of the Protection of Women from Domestic Violence (PWDV) Act, 2005, either before the Protection Officer or the Magistrate. Section 17 of the Act grants aggrieved women the right to reside in a shared household.
Under Section 13(1)(ia) of the Hindu Marriage Act, 1955, either spouse can seek divorce ...ReadMore
Interim maintenance
My friend and wife separated for 3 year. He plan to file rcr. He is working in abroad. He is earning 1.2 lakhs per month. Wife with 2 kids(2&4years).if he go court, how much he needs to pay interim ma
2 months ago
A. Dear Client,
Under Section 13(1)(ib) of the Hindu Marriage Act, a spouse deserted for two continuous years can file a divorce petition. If a wife successfully files for divorce on desertion grounds, the husband typically bears the financial responsibility. Alimony, whether monthly or as a lump sum, lacks a fixed rule but can be one-fifth or one-third of the spouse's net worth. The Supreme Court suggests 25% of the husband's monthly earnings for monthly alimony. For child custody, if under 5, i ...ReadMore
Divorce - separated for 2 years
Me and my separated for 2 years.so I plan to give all her items to her. How to give to her through police or layer or neighbour by sign any documents for evidence
2 months ago
A. Dear sir
You may go to police station and hand over all the documents and valuables to her and take video of the same and take acknowledgement in writing and attested by two witnesses.
Personal Remarks by In laws on Daughter in law
Can personal remarks made by in laws on their daughter in law with respect to her food habits, dressing, liking for finer things and brands, comparisons with other daughter in laws qualify as a verbal
2 months ago
A. Dear client,
One may file a petition for divorce on the basis of cruelty. Cruelty is not clearly defined, but it may be considered as creating apprehension in the mind of the wife.Cruelty is broadly defined as any conduct that would cause reasonable apprehension in the mind of the petitioner that it is harmful or injurious to live with the spouse. Cruelty is also inclusive of mental and physical cruelty. Various HC has held that abusing someone mentally would qualify as mental cruelty.
If th ...ReadMore
Can own deserted wife eligible for maintenance
Hi All... Can deserted wife without any reason and cruel wife eligible to get interim and permanent maintenance and permanent alimony from husband. How maintenance case transfer from one district to
2 months ago
A. Dear client,
Regarding the maintenance claim by a deserted wife, it is a discretionary matter of the court. There are several ruling wherein the wife living separately has received maintenance. It will completely depend on upon the facts and circumstances of the case. Most importantly how much the the Honourable court is satisfied.
For the transfer of a maintenance case-
Section 223 of the Code of Civil Procedure contains the substantive provision that empowers the Civil Court to transfer a law ...ReadMore
Property settlement- divorce
Good evening…. Quick question: is a fixed deposit that matured 9 months before divorce a matrimonial asset. There is NO evidence that it exists at the date of divorce or even the date of property c
2 months ago
A. Dear client,
Kindly mention your question. And clarify what exactly is your query?
I need more details regarding you divorce such as whether it is completed or not ? If not then what stage it is in ?
As a wife, she has equal rights over all the assets and properties you own and she can claim the same. You need to prove that either you don’t own them or you have so much liabilities that you can not give her all those. Rest is courts discretion.
Thanks and Regards
Child - Can a father take child
Can a father take child of 3.5 years from mother.both separated for two years. She not showing child through video call. Husband working in other states If taken she can file case. I read one judgemen
2 months ago
A. Dear client,
The natural guardian for any child below the age of 5 is the mother as per Section 6(a) of the Hindu Guardianship and Minorities Act. If the court during the separation has ordered for the mother to be legal custodian or guardian, the father only has visitation rights.
The wife should follow the court orders in visitation rights and the husband can legally enforce the wife to show him his child. The husband can send a legal notice to the wife regarding the same. The husband can ...ReadMore
