Want Divorce from Wife
Want Divorce from Wife
I got married on 04/09/2019 and my wife left me and went in December 2019 she was with me only for 2months she was carrying when she went but its been 1yr and for baby its now 7months till now there i
3 years ago
A. Hi,
If you want divorce from wife, then you may file a petition under section-13 of the Hindu Marriage Act, 1955.However, if you do not want divorce, you may file a petition for restitution of conjugal rights under the Hindu Marriage Act, 1955.
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Ayantika Mondal @ Prime Legal
Advocate Niyas Fazal A
SUBRATHA RAY
Post Divorce Case
Hi, Good morning. I'm XXX from Bangalore India. Me and my first wife took uncontested mutual divorce in 2013 under section 13B. At the time counselling it was agreed that she will not file any case by
3 years ago
A. You pls check your MOU and the Divorce judgement copy for proper understanding the situation
Compromise decree
Is there any hitch in obtaining compromise decree from the court for divorce. Since regular divorce takes longer time
3 years ago
A. Hi,
A compromise decree is not a decision of the Court, nor can it be said that a decision of the Court was implicit in it. It is the acceptance by the Court of something to which the parties agreed. (Subba Rao v. Jagannadha).
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Ayantika Mondal @ Prime Legal
Expenditure of wife while calculating interim maintenance
Will court consider wife's parents farming loan and her brother's education loan as her liability and its emi as her salary deductions while calculating interim maintenance?
3 years ago
A. Dear Sir,
Such deductions may not be considered.
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What if interim maintenance is appealed in high court
Can the husband appeal interim maintenance order from lower court in high court and stop paying until high court decides on his appeal? Or is it mandatory for husband to keep paying interim maintenanc
3 years ago
A. Dear Sir,
Normally the High Court may ask the husband to deposit 50% of the arrears of interim maintenance and continue to pay monthly interim maintenance till High Court dispose his appeal.
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Consequences of filing wrong details in affidavit for interim maintenance
My BIL has stated that he is jobless where as he is actually working in a high paying job in an MNC. We know his company details.what can we do to prove that he is lying and what actions will court ta
3 years ago
A. Hi,
File a complaint against him under S.209 IPC for making false claims, this can be punished with fine and imprisonment. You must attach details of his actual employment status as proof in your complaint to the police.
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Ayantika Mondal @ Prime Legal
HMA 131ai
my husband filled case of divorce under HMA131ai.because of reason behind this I have complain under dv Act crpc125 in women cell .after that caw cell send the file or mediation in court and my husba
3 years ago
A. Hi,
A wife is entitled to an equal share of her husband's property like other entitled heirs. She is also entitled to maintenance, support and shelter from husband. You may file a case seeking maintenance under section-25 of the Hindu Marriage Act, 1955.
Hindu Marriage Act, 1955, Section 25 – Applicant, either wife or husband is entitled to receive from the spouse for his/her maintenance and support a gross sum or monthly or periodical sum for a term not exceeding the applicant's lifetime or u ...ReadMore
Ayantika Mondal @ Prime Legal
Regarding Divorce from spouse
If I want to discontinue my marital relation after 8 years, because it is very hard for me to survive with my partner now-onward. But she is forcing me to stay with her & kids and refuse to give me Di
3 years ago
A. Hi,
A consistent course of conduct inflicting immeasurable mental agony and torture may constitute cruelty. Mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party.
The Supreme Court held that any kind of mental cruelty faced by either of the spouses not just the woman but men as well can apply for a divorce on grounds of cruelty. Hence, a man is also entitled to divorce if he is inflicted wit ...ReadMore
Petition to get cdr details of wife in annulment proceedings
In my annulment proceedings court has given first hearing date. On that first date, can my lawyer file a petition infront of court to order cdr details of wife from the telecom company Airtel? The cdr
3 years ago
A. Dear Sir,
You may file application before same Court and if rejected then approach High Court.
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Ayantika Mondal @ Prime Legal
Is law in india biased towards women
Can wife's in india simply file false cases like dvc, 498a, crpc 125 etc to harass husband and stay out of court proceedings with out attending court? Do judges allow such behaviour? I have heard that
3 years ago
A. Dear Sir,
You may approach High Court for appropriate relief.
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Ayantika Mondal @ Prime Legal
