alimony - Indian hindu married couple for 5 years
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?
9 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
9 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
9 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?
9 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
9 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
Can I gift my flat to my divorced wife through my WILL
We got divorced through a mutual consent and have been living happily last 10 years. I want to gift my own flats to my ex wife through a legal WILL as we both remained unmarried post our divorce . Kin
9 months ago
A. Dear Client,
As per Section 2(h) of the Indian Succession Act, 1925 Will means the legal declaration of the intention of a person with respect to his property, which he desires to take effect after his death. If the flat is your self-acquired property then, you can transfer the title of your said property to your ex-wife through a registered WILL. The will must be in writing, signed by the testator or by someone else at the testator's direction and in their presence. It must also be signed by at ...ReadMore
Not interested in giving divorce.
He abandoned me and my daughter 3 years old and left because of his ego and also his family also involved in his life to get a divorce from me and go for other marriage. But the thing is he is good pe
9 months ago
A. Dear client,
If you do not want divorce, you can withdraw the divorce petition. One can submit an application desiring to withdraw the divorce petition at any point in the proceedings until the court has pronounced a Decree Absolute. Once the Decree Absolute is enunciated, the marriage is said to be lawfully dissolved. So do it before the decree is pronounced
Contested divorce case
Hi, after my delivery my husband did not want to live with me for some misunderstandings. He filed divorce case in 2021 under cruelty and I filed maintenance and RCR. maintenance case is stil not acti
9 months ago
A. Dear client,
Let us tell you that the Court cannot pass any order without hearing both sides. This is one of the principles of natural justice. Both the parties have to make a representation before the court. The Court cannot grant him divorce till it has heard your side of the story as well
Want divorce from my abusive husband
I got married in 2016, because we had intercaste marriage, we had lots of differences in culture n tradition as my husband is punjabi and I m assamese brahmin. Being in punjabi family almost what i sa
9 months ago
A. Dear Client,
Section 12 of the Domestic Violence Act, 2005 empowers an aggrieved woman or a Protection Officer or any other person on behalf of the aggrieved woman to file an application before the Magistrate seeking various reliefs under the Act— such as orders directing protection of the complainant, restraint or payment of compensation, against alleged acts of domestic violence committed by her husband or in-laws. Provided that before passing any order on such application, the Magistrate ...ReadMore
