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Dear Client,

Whether your cousin may file a petition for restitution of conjugal rights (RCR) or a divorce petition depends on his objective and the facts of the case. If the parties have been living separately for about eight years and there is no possibility of reconciliation, he may consider the legal remedies available under the applicable matrimonial law, including divorce, if the statutory grounds are made out.

Merely filing an RCR petition does not, by itself, prevent the wife from init

Dear Client,

If you are presently unemployed because of medically documented knee problems and are unable to continue your physical labour job in the Gulf, you should place credible medical evidence before the court to explain your current financial situation. In addition to your prescriptions and treatment records, obtain a detailed medical certificate from your treating orthopaedic specialist or the hospital stating your diagnosis, the nature and extent of your knee condition, the functional

Dear Client,

If an ex parte maintenance order was passed and you plan to apply to set it aside, you should act as soon as possible through lawyer and explain why you were absent when the case was heard. Once the application to reopen/set aside the ex parte order is filed, the court will usually issue notice to the other side and hear both parties before deciding the application.

The time frame varies significantly depending on the court's workload, but it commonly takes anywhere from a few

Dear Client,

Yes, if the maintenance proceedings have gone ex parte, you may apply to set aside the ex parte order by showing sufficient cause for your non-appearance, subject to the applicable legal provisions. You may also independently seek child visitation rights before the appropriate Family Court, as the child's welfare is the paramount consideration.

You may consult a local family law advocate to assess the ex parte proceedings and file the appropriate applications before the Family Cou

Dear Client,

If a maintenance case has been decided ex parte and you file an application to reopen or set aside the ex parte order, the usual procedure is that the court issues notice to the opposite party, both parties appear before the court, and the opposite party is given an opportunity to file a counter or objection to your application. The court then hears both sides and decides whether there was sufficient reason for your absence and whether the ex parte order should be set aside.

In s

Dear Client,

Yes, you can mention the Rs.2 lakh spent by you towards the childbirth expenses of your children, particularly if you have documentary proof such as hospital bills, payment receipts or bank statements. However, such past expenses generally do not automatically reduce or cancel your present or future maintenance liability.

In an application to set aside or reopen the ex parte maintenance order, the Court will primarily consider the relevant circumstances, including your income, ear

Dear Client,
If you wish to seek a divorce but are financially dependent on your husband, your financial dependence does not prevent you from initiating divorce proceedings. Subject to the personal law applicable to your marriage, you can file a petition for divorce under the relevant provisions of the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, or other applicable personal laws. If you have no independent source of income, you can also seek interim maintenance and litigation expe

Dear client,

Yes. You can mention those facts in your application to set aside the ex parte maintenance order or in any application seeking modification/reduction of maintenance. However, the way you present it is important.

Simply stating that "she filed the case only after learning about my illness" is not, by itself, a legal ground to deny maintenance. The court's primary concern is:

your actual earning capacity,
your present financial condition,
your medical condition,
her needs, and
the

Dear Client,

You generally cannot legally obtain your daughter-in-law's call recordings, call records, WhatsApp messages, SMS messages, or other private communications without her consent or lawful authority, even if you suspect an extramarital affair. Courts do not normally grant private individuals permission to intercept or monitor another person's communications, and actions such as hacking accounts, installing spyware, secretly accessing a phone, or obtaining telecom records without autho

Dear Client,
If the maintenance order was passed ex parte, you may have the option to seek its recall/set aside by showing sufficient cause for your non-appearance, subject to the applicable legal provision and limitation period. You may also seek modification/reduction of maintenance if there has been a material change in circumstances, particularly your present medical condition, reduced earning capacity, ongoing treatment expenses, and actual income. However, the fact that your wife filed fo