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Dear Client,
The primary consideration for child custody or visitation rights in India is the child's best interests. The first step in seeking custody or visitation of a child is to file a petition in the family/district court where the child resides. The petition can be filed by either parent, grandparents, or any other person who has an interest in the child's welfare. Even if one parent has custody, the other parent will have visitation rights. Under Section 6(a) of the Hindu Minority and G

Dear Client,
In the given scenario, you should immediately file an FIR against your husband for criminal breach of trust and cheating under Sections 316 and 318 of the Bharatiya Naya Sanhita(BNS) at the local police station and additionally file a civil suit seeking an order of injunction on the suit property to prevent him selling/transferring the property to others to deprive you from the claim of maintenance post-decree of divorce. Under Section 12 of the Protection of Women from Domestic Vi

Dear Client,
Section 14 of the Hindu Marriage Act states that no one is allowed to file a petition for divorce within one year of their marriage. Section 13B of the H. M. Act provides for divorce by mutual consent. As per Sec. 13B(1) of HMA, the essential ingredients for filing a mutual consent divorce petition are 1. The parties have been living separately for a period of one year or more. 2. They have not been able to live together. 3. It was mutually agreed that the marriage should be dissol

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 her 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. N

Dear Client,
When a wife files for divorce and his husband filed for Restitution of Conjugal Rights, it can lead to a complex legal situation with several potential consequences. The court will examine the wife's grounds for divorce as well as evaluate the husband's reasons for seeking restitution of conjugal rights. Accordingly, the court's decision will depend on which party's claims are deemed more credible and legally justified. A wife can claim interim maintenance if she has insufficient i

Dear Client,
In the prevailing situation, you have the following legal remedies to resolve the crisis. 1) You can file a complaint against your husband and his other family members who subjected you to domestic violence at the local police station under Sec.12 of the PWDV Act, 2005. Under Section 12(1) of the DV Act, an aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application directly to the Judicial Magistrate seeking one or more

Dear Client,
Section 12 of the Hindu Marriage Act, 1955, deals with voidable marriages and provides a remedy for parties who are in a void or voidable marriage. A marriage will be deemed voidable if consent is obtained by force or fraud. Fraud can be committed by the nature of the ceremony, misrepresentation of age, concealment of facts, or any other circumstance of the respondent that may have affected the consent. The consent of the guardian in the marriage of the petitioner obtained by force

Dear Client,
As regards payment of maintenance/alimony post-divorce, be informed that both under Section 37 of the Indian Divorce Act, 1869 and under Section 125 Cr. PC(Section 144 of BNSS), any person having sufficient means is liable to support his wife and children, provided that she is unable to maintain herself and her children. Certain guidelines had been set down by the Supreme Court in its judgment in the case of Rajnesh v. Neha (2021(2) SCC 324). Said criteria include the parties’ st

Dear Client,
In reference to Section 13 of the Code of Civil Procedure,(CPC) 1908, a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same parties or between parties under whom they or any of them claim litigating under the same title except (a) where it has not been pronounced by a court of competent jurisdiction means the law under which parties are married, recognises. Any other court would be court without jurisdiction, unless both parties

Dear Client,
You can mention the payment of Rs.20 lakhs in cash to your wife in your written statement supported by an affidavit and can file the same in the Court, but in the absence of any documentary evidence supporting the transaction of cash between the parties that may not be admitted in the court for lack of evidence. Instead, on the objection of aggrieved party, such a statement may land you to face prosecution for making false statements made under oath in a court proceeding or affidav