Divorce case for decree
Divorce case for decree
After how many hearings does the court give divorce decree? How long it takes a divorce case for decree
4 months ago
A. Dear Client,
Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the coupl ...ReadMore
Converting contested divorce petition to Annulment of marriage.
I was married to respondent on 16th July 2021, Since then the respondent is most of staying separatedue to job and was staying most off with in-laws in different cities. Our marriage was not consumma
4 months ago
A. Dear Client,
Under Section 18 of the Indian Divorce Act, 1869, any husband or wife can move to the District Court or to the High Court by filing a petition that his or her marriage may be declared as null and void but a new proceeding for the same has to be initiated.
Section 19 of the act lays down the valid grounds for the annulment of marriage which are as follows:
(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;
(2) that the ...ReadMore
Divorce related advice
My friend wants divorce, but his wife is demanding 40lakh in term of alimony, even she lived with him a single day, he wants contested divorce, so how much alimony amount he should pay.
4 months ago
A. Dear client,
Under the Hindu Marriage Act, of 1955 the wife is entitled to get alimony on the following grounds:
1. If her husband leaves her without a good reason or with her permission.
2. If her husband is abusive to her.
3. Whether the spouse has a second wife.
4. If the husband has particularly severe leprosy.
5. If the spouse lives with a concubine.
6. If the husband underwent a religious conversion.
7. If the wife is living alone for another reason.
Regarding the amount of alimony, the c ...ReadMore
Moving to India from Norway with child
My Husband is born in India but he is in Norway since last 8 years and taken Norway citizenship and my child is 7 months old and he is planning to apply for my child's citizenship also. I am Indian. I
4 months ago
A. Dear client,
Yes, there will be complications when you try to move with your child to India if the child is having the Norwegian citizenship.
You will have to fight all your child custody case in Norway if any such situation arise.
Annulment - Divorce matter
My son was married on 7th Dec 2022. Girl refused to consumate marriage and we had filed a petition for Annulemnt. During proceedings girl filed an affadavit admitting impotency and given statement in
4 months ago
A. Dear Client,
If one year has passed since the marriage and both parties are agreeable, you may explore the option of filing for mutual divorce. Mutual consent can simplify the divorce process. Discuss the situation with your lawyer to understand the implications of the affidavit and the court's observations. They can guide you on the best course of action based on the details of your case. Mediation can be a helpful alternative to court proceedings. A mediator may assist in reaching an agreement ...ReadMore
Seeking divorce
I got married in 2009 and have two kids.Me and my wife are living apart under a roof fron last 1.5 years because she had an extra marital affair and i heard their call recordings .
4 months ago
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 ...ReadMore
Desertion and cruelty divorce case filed on wife,how RCR helps
After 15 years of marriage,husband filed divorce case on wife on desrtion and cruelty ground for 3years,as wife is in Government job in another city.Couple have no children.Husband intentionally ,on t
4 months ago
A. Dear Client
Even if the husband has filed the divorce case on the ground of desertion the court is going to figure out whether actually there is desertion or not. In your case you are residing in another city due to your job and you have not runaway from the home so considering that as desertion will be way too much.
Yes filing of RCR by the wife will certainly help as that will nullify the logic of desertion raised by the husband
Divorce - my husband want to spoil my life
my husband want to spoil my life by not giving divorce and drag it forever, i was abused physically, sexually, emotionally, verbally, mentally for 16years.. i want to get out of this relationship and
4 months ago
A. Dear Client,
Mental cruelty as a ground for divorce was inserted after the Marriage Laws (Amendment) Act, 1976. It states that a decree of divorce can be obtained by either spouse if one spouse has treated the other with cruelty. Section 13 (1) (ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. Mental cruelty is a course of conduct on the part of one spouse that can endanger mental health and cause apprehension in the mind of the other spouse t ...ReadMore
misusing my IT
Why is my husband filing income tax in my name without my permission? How can I stop my husband from filing income tax in my name without my permission? we're not in speaking terms for past 1year3mont
4 months ago
A. Dear Client,
Return Form ITR - 1 (SAHAJ) can be used by an individual whose total income includes: (1) Income from salary/pension; or (2) Income from one house property (excluding cases where loss is brought forward from previous years); or (3) Income from other sources (excluding winnings from lottery and income from race horses, income taxable under section 115BBDA or Income of the nature referred to in section 115BBE). Further, in a case where the income of ...ReadMore
Divorce - parents were forcefully married with a Christian guy
Iam a Christian, and have a boyfriend (muslim), my parents were forcefully married with a Christian guy, which I don't like him at all & he has a relationship with a girl who is hindu. Now he is s
4 months ago
A. Dear client
In India, divorce laws vary based on personal laws that apply to different religious communities. Since you mentioned that you are Christian, Christian personal laws would be applicable in your case. Christian marriages in India are governed by the Indian Christian Marriage Act, 1872. For a mutual consent divorce under the Christian Marriage Act, the following conditions generally need to be met:
Separation Period: The law may require the spouses to have been living separately for a ...ReadMore
