Regarding pension when divorce is not finalised
Regarding pension when divorce is not finalised
My Bua ( father's sister) is a single mother since last 20 years. Her husband is not agreeing to sign on divorce papers. But now she wants to take govt pension for divorcee but she can't as divorce is
1 year ago
A. Dear Sir,
First she has to get legal divorce or she may file a suit for declaration with a consequential relief of a direction to the concerned employer to include her name as a nominee for pension thus she may get family pension after the death of her husband.
I have filed a mutual divorce file
Sir i have filed a mutual divorce file on 7th march 2022.the final date is given on 12 sep 2022.after this date how soon can i apply for registry marriage again?
1 year ago
A. The information about when the second marriage can be done after getting the decree of divorce is found in section 15 of the Hindu Marriage Act. Where it is clearly stated that if any degree cannot be appealed, then both the parties are free to remarry at any place of their own free will. If there is no appeal and both the parties to the marriage, the husband and the wife of their liberty may marry at any place immediately after the decree is received.
ARSHAD ALI ZAIDI ADVOCATE
Divorce case advice
Do we have any law on which medical ground any spouse can take divorce ? Suppose wife is keeping unwell and she need care and proper treatment but husband has never given any money for her basic needs
1 year ago
A. She can file a case under 498A(Domestic violence ) in the nearby Police station or can approach court for divorce under mental Harassment and cruelty along with alimony provided there should be proper evidence to prove it.
Divorce - My husband has filed divorce
My husband has filed divorce case on me. What will happen if I didn't go to hearing ?
1 year ago
A. The court will give you certain period of time to appear and answer for your husband's complaint, if you don't appear even after that time then the court will set you as an exparte and grant the relief what your husband has asked in the complaint.
Section 10 judicial separation
My brother and sister in law are in a very bad 6 yr old marriage. She manipulated my brother to shift the business and home near to her parents to keep my brother away from our family. She is mentally
1 year ago
A. Dear client I am sorry to hear that but in this case your brother can obviously go for judicial separation under Section 10 of Himdu Marriage Act. However there are some precautions that one has to near in mind and this you can discuss with your lawyer.
Divorce - I applied divorce in 2012
ello sir/madam I applied divorce in 2012, after that my wife booked 498a in the same year . In 2018 I got judicial separation order. then she approched to high court for cancellation of that
1 year ago
A. Dear client A separate divorce petition can be filed but the same can be rebutted on the ground of parallel proceedings.
Divorce -I am working in the private sector
Dear Sir, I am working in the private sector and earning 40k per month abroad. I recently discovered that my wife is involved with someone else.I asked about this and she said yes. I do not have any
1 year ago
A. Dear client I am sorry to hear that. Sir in this case you can file a divorce under Section 13 of the Hindu Marriage Act. Moreover , since she cheated on you, she is not entitled to any maintenance.
However, recovering the given amount is not possible.
Divorce And DV case
1) Wife filed DV case last year(Apr 2021) and Divorce case last year (Apr 2021) under 13(1)(ia). In JUN 2022 I got notice for both case. She is claiming huge alimony, she is Phd holder and earning goo
1 year ago
A. Dear client sorry to hear that but in this case you can at best defend yourself by stating that your wife is eligible to earn for herself and you doesn't have that much of financial capabilities to provide her with maintenance.
Marriage Problems - My husband is not taking care
My husband is not taking care for me and not talking to me. He is not able to think or take any decision independently. In-laws are forcing me to do follow their rules which are against my nature. I a
1 year ago
A. Dear client I am sorry to hear that. In this situation you can file divorce under Section 14 of the Hindu Marriage Act.
Divorce - I caught my wife in adultery
I caught my wife in adultery through phone call details.When I asked her , she agreed.Then I called her brother and sent her with him. It's been 15 days but I haven't heard anything from them.What Sho
1 year ago
A. Dear client, I am sorry to hear that but in this situation it's you who is eligible to decide what exactly you want. However, in case you want Divorce in that case you can file divorce under Section 13 of Hindu Marriage Act.
