Maintenance -How much can I ask interim
My husband earn 20 lakhs per annum, no loan and wife with two kids house How much can I ask interim maintenance
My husband earn 20 lakhs per annum, no loan and wife with two kids house How much can I ask interim maintenance
Dear Client,
As regards claim of maintenance, be informed that both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and children, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines with regard to maintenance had been set down by the Supreme Cour
Wife file divorce with im of 40 k rs, I earn 12 lakhs per year, wife asking alimony of one crore, my lawyer said better leave exparte, challenge only maintenance
Dear Client,
Both under Section 25 of the Hindu Marriage Act, 1955, and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided she is unable to maintain herself and children, once an application is filed by the aggrieved spouse seeking maintenance from her husband in the Family Court. Certain guidelines with regard to maintenance had been set down by the Supreme Court in its judgment in the case of Rajnesh Vs. Neha
Husband works abroad ,wen he came india wife file divorce and maintenance, husband attend meditation went abroad without filling counter, but not able to return to file counter. Court gave exparte , c ...
Dear Client,
To set aside an ex-parte decree, the defendant can file an appeal directly to the High Court under Section 96(2) of the CPC or Section 28(1) of the Hindu Marriage Act within 90 days from the date of the decree. The defendant can also file an application under Order 9, Rule 13 of the CPC to set aside the ex-parte decree before the same court that passed decree within 30 days from the date of the decree. However, once the appeal preferred by the defendant against the ex-parte decree
Husband file rcr, me with two kids file divorce with IM and maintenance. After mediation husband didn't file counter, I heard he is leaving exparte. How many chance court give file counter, if exparte ...
Dear Client,
Under Rule 1 of Order IX of the CPC, parties to a suit are required to appear before the court either personally or through their legal representatives on the date specified in the summons. If the defendant fails to appear despite being ordered to do so, the court may pass an ex parte order or decree. An ex parte decree is issued when one party, typically the defendant, fails to appear despite proper summons being served. This decree is valid and enforceable by filing an execution
Sir, My relatives daughter family problems struggle recently notice received from relatives daughter husband through on court notice hindu marriage act sec 131 iaib sections mentioned in notice Quest ...
Dear Client,
Your query lacks information and tranperancy. However, be informed that Section 13(1)(ia) of the Hindu Marriage Act, 1955, allows either spouse to seek divorce on the grounds of cruelty. If there is no possibility and no scope of mutual consent divorce, aggrieved spouse can file a one-sided/contested divorce petition before the Family Court/District Court where the couple last lived together, such as their marital home, where the marriage was solemnized, or where the wife currently
How should I get divorce without paying any maintenance
Dear Sir,
If she committed cruelty or adultery
If you can prove:
Cruel behavior
False cases against you
Adultery
Threats/harassment
Court may deny maintenance and grant divorce.
Under 125(4):
A wife living in adultery is not entitled to maintenance.
A wife who treats husband with cruelty is not entitled to maintenance.
Other Responses
I have got a Hindu marriage certificate.. but no rituals are performed do I need a formal court order to nullify the certificate or certificate will be invalid itself and can I marry another person wi ...
Dear Sir/Madam,
Here is the correct legal position regarding a “Hindu Marriage Certificate” issued without performing Hindu marriage rituals.
1. Under Hindu Marriage Act, a marriage is NOT valid unless essential rituals are performed
Under Section 7 of the Hindu Marriage Act, 1955, a Hindu marriage is valid only if essential ceremonies/rites are performed, such as:
Saptapadi (7 steps) (if custom requires), or
Any customary rites of either community.
If no rituals were performed, then
Other Responses
My parents gave 100g of gold to my husband as a dowry in our marriage.. I have bills and photos..and we are separate d from 3years How to get those gold back.. He is not ready to give them back and he ...
Dear Madam,
Below is the correct and practical legal route for you to recover the 100g gold given at marriage:
1. Your gold = STRIDHAN, not dowry
Even if your parents “gave” it during marriage, law treats it as your Stridhan.
Supreme Court:
Stridhan = woman’s exclusive property
Husband or in-laws cannot keep it.
Refusal to return = Criminal Breach of Trust (IPC 406).
So you have full legal right to recover the 100g gold.
Your bills + photos = strong evidence.
2. Legal Options To
Other Responses
I'm interested in marrying a Bangladeshi divorced women with 2 kids on a tourist visa
Dear Client,
Your query lacks information. You did not disclose the religion of Bangladeshi woman to whom you want to marry. However, be informed that under Islamic law, regardless of the school of thought, Muslim women can marry a Muslim man, but cannot marry non-Muslim men. An inter religion marriage are not allowed under the Special Marriage Act, 1872 or any other law in Bangladesh. But, marriage between a Hindu man and a Muslim woman can take place under either of the following circumstance
Other Responses
Hello sir, this is a case regarding my younger brother, My brother got into live in relationship with a girl since 2008 , they were living together without marriage. the live in relationship is 17 yrs ...
Dear Client,
While a live-in relationship lacks the legal status and automatic rights of marriage, Indian courts have recognized long-term live-in relationships and provided protections, especially for women and children. Women in live-in relationships can seek protection under the Protection of Women from Domestic Violence Act, 2005 and claim maintenance under Section 125 Cr. PC subject to certain conditions. Even children born out a couple in a long-term live-in relationship have a right to i
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