498a withdrawal
498a withdrawal
How to withdraw 498a which I have put on my husband and in-laws after filing FIR within 15 days? They have filed a petition in high court saying that a wrong case has been filed .what should I do ? I
8 months ago
A. Dear client,
Since the offense under Section 498a is a criminal offense, so for withdrawing the same you will need to file an application of withdrawal of case to the High Court of jurisdiction. Please mention that this is an application for the High Court to exercise its powers under Section 482 of CrPC and attach written affidavits from all members of your family stating that they have no objection to this withdrawal.
Domestic violence, verbal abuse
Indian Hindu marriage, it was live come arrange marriage , I feel I was obsessed to marry him but after getting married I saw his other behaviour like abusing , triggering ,raising hands on me. Even h
8 months ago
A. Dear client,
If a person intentionally uses abusive or offensive words in order to humiliate or insult, you can file a suit under Section 504 of Indian Penal Code.
Section 498A of IPC can also be included to support your claim, which includes cruelty against the woman by husband or his relatives.
The Protection of Women from Domestic Violence Act, 2005 can also be used under which women can seek protection against domestic violence
Divorce - made her to sign forcefully
I am from India. My divorce from my wife is done on papers. Now she is saying that I made her to sign forcefully and the divorce is not done. What to do.
8 months ago
A. Dear client,
Make sure you have adequate evidence to substantiate your stance. If the court fails to determine whether the consent was given freely or not, then such a divorce decree cannot be regarded as a decree by mutual consent.
Date of divorce decree
I filed mutual divorce in May 2021 and got the decree in May 2022. In my decree statement, the date of marriage dissolution is counted from May 2022, due to which I couldn't claim HRA in salary for t
8 months ago
A. Dear client,
The divorce procedure in India starts from the filing of the divorce petition and ends with the pronouncement of the final order of the divorce. The order of divorce becomes effective from the date on which it is passed and not before that
alimony - Indian hindu married couple for 5 years
in Indian hindu married couple for 5 years, if wife has been earning more than husband for last 3 years, during divorce can wife claim alimony as per law? if yes then how much alimony can be claimed?
8 months ago
A. Dear client,
Section 125 of the Code of Criminal Procedure lays down a provision for providing alimony to the wife by the husband where she is unable to maintain herself. Even if the wife is earning and still demands alimony after divorce, she can get alimony if the court passes an order in favour of her.
Grounds for calculating Alimony
While claiming alimony after divorce, the working woman has to fulfil the following grounds on which it will be convenient for her to claim alimony from her husb ...ReadMore
TROUBLE IN SECOND MARRIAGE
Hi i am from ahd i am married to the person who already married in Singapore country .. at the time of marriage i already know that he is married ..he gave me promises that he will take a divorce from
8 months ago
A. Dear client,
He cannot file a case against you. However, he can be prosecuted for bigamy. Marrying another person while being married to someone is known as ‘Bigamy’ and has been declared an offence under Indian Penal Code in India. Bigamy is a NON-cognizable offense. It is bailable and compoundable with the permission of court if the offense is committed under section 494 of the IPC. Punishment is imprisonment, which may extend till 7 years or fine or both
Domestic - NBW executed but not giving maintenance
After rigorous efforts and years of follow through, we were able to execute the NBW and got the ex husband arrested for not paying dues on maintenance. But I still struggle to get maintenance. Pleas
8 months ago
A. Dear client,
First and foremost, continue working closely with your family law attorney. They will be your best ally in navigating the legal system and finding the most effective ways to recover the maintenance amount. They can help you explore all available legal options and represent you in court.
You may want to consider seeking court enforcement of the maintenance order. If your ex-husband is deliberately not complying, this might be necessary to compel him to pay. The court has the author ...ReadMore
Divorce - is 6 months cooling off period still there
Is 6 months cooling off period still there in mutual divorce?
8 months ago
A. Dear client,
Yes, the 6 month cooling off period is still prevalent. However, the Supreme Court has ruled that it can dissolve a marriage on the ground of "irretrievable breakdown" by exercising a special power. Using the power, the court can grant a divorce by mutual consent while dispensing with the six-month waiting period
Divorce related self safety document
There are several quarrel between me and my wife. Starting with her abusive language, her abuse to my parents and relatives, her chatting, flirting and affairs with different guys online(but no physic
8 months ago
A. Dear client,
you can file a petition for judicial separation. Judicial separation is a legal process in India by which spouses who are unable to live together because of their incompatibility or irreconcilable differences can be legally separated. It is different from divorce, which is a process by which spouses who are unable to live together may end their marriage. Judicial separation allows couples to continue living separate lives while still being legally married
divorce - how to file divorce
how to file divorce, he treats me as servant and says im his servant even gets physically violent sometimes and abuses me as and when he feels
9 months ago
A. Dear client,
you can file for divorce with cruelty as the ground.The Hindu Marriage Act-1955 has given the legal provision for divorce on basis of cruelty under section – 13(1)(ia) as follows;
“Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party has, after the solemnization of the marriage, treated the petitioner with cruelty”.
...ReadMore
