Divorce without wife's consent
We got engaged in Jan 2020 and got married in Nov 2020. It was arranged marriage and at that time we mentioned that after marriage we will get settled in Gurgaon, but due to COVID situation, we couldn
2 years ago
A. Dear Sir,
My answers are as follows:
1. What are the chances for me getting the divorce, if its not mutual consent, as her comment was, you file for divorce, notice will come and we will respond.
Ans: It may prolong unless she agrees for mutual divorce.
2. Will I would need to pay any alimony to my wife. My monthly income is 15LPA and her monthly income is 20000. I do not have property on my name
Ans: You may settle the amount otherwise she may file false cases against you and your family mem ...ReadMore
family court matter of separated husband and wife
my husband filed Restitution of conjugal rights in the family court of one district and at the same time divorce petition on in the court of another district. Is it possible?
2 years ago
A. Yes it is allowed. However if you want you can appear before the Court where restitution of conjugal rights petition (RCR) is filed with your lawyer and file application for transferring the matter of RCR to the Court where you have filed divorce petition and if/after such RCR case is transferred you can appear before the Court and ask the divorce petition and RCR to be clubbed together for the upcoming Court hearings. However please note that will be a lengthy process to transfer such case to a ...ReadMore
Vaidehi Samant
Divorce Case - Petitioner husband
This is Petitioner husband and my divorce case is pending from 6 years. Respondent wife gave application in the court that she do not want to proceed and i should be decreed subject to the withdrawal
2 years ago
A. Dear Client
A divorce which is granted within a jurisdiction where only one of the spouses is validly domiciled. An ex parte divorce is valid even if one spouse is never domiciled within the jurisdiction where the divorce was granted or subject to personal jurisdiction.
Thanks
Regards
Divorce rule on marriage by cheating
One of my friends is married recently and she found out that her husband is a fraud and use to Cheat on 5 more girls. He use to find the girls via the matrimonial websites and use the girls for his de
2 years ago
A. Dear Client
Please ask her to file a fraud case against her husband along with harassment, violence and abuse. It is better of she could collect proofs of her husband doing such illegal activities to help her in defense.
Thanks
Regards
How to effectively divorce a wife from other country
I need to know. If a indian citizen is married to a women whoi is a srilankan citizen (without registration) and that lady get seperated from that indian citizen and not in touch for the past 35 years
2 years ago
A. Dear Client
Though it is a legal ground for separation or taking divorce, however, the marriage won't be considered void. You can dissolve the marriage by taking divorce .
Thanks
Regards
How to get divorce early. While case is pending from more than 18 months
How to get divorce early. While case is pending from more than 18 months
2 years ago
A. Dear Client
After the first motion is recorded, minimum time of six months is given before the second motion can be filed, when divorce can be finalised. However, As per Section 13 B of the Hindu Marriage Act, 1955, and Section 28 of the Special Marriage Act 1954, both parties can file for a mutual divorce only after living separately for a year. After this period, a court may prescribe another 6-month cool-off period as well.
Thanks
Regards
Family pension - I am divorcee not remarried
I am divorcee not remarried, father government servant retired and may I get family pension
2 years ago
A. Dear Client
Rules say that if one of the parents dies while in service or after retirement, the family pension in respect of the deceased becomes payable to the surviving husband or wife and in the event of the death of the husband or wife, the surviving child or children can be granted the two family pensions.
Thanks
Regards
Advocate Sinjari Bandyopadhyaya
Evidences for avoiding alimony
My husband filed null and voidable marriage petition against me. Actually he got my facebook chats before marriage where i proposed my friend. After marriage also he caught me redhanded while chatting
2 years ago
A. Dear Client
As per the facts which have been provided, if your husband proves in the court that you were having an affair post marriage then your chances of getting alimony is quite less.
Hope this clarifies your query and requirement.
Thank you.
Regarding Mental Harassment
Sir, I have been married for 11 years now and I have been facing mental harassment from the time I have been married.
2 years ago
A. Dear Client,
If your husband is harassing you or torturing you mentally, you can file a contested divorce petition against him. If you apprehend that they are planning any revenge against you, it is advisable that you record their suspicious acts, or acts of violence against you to strengthen your case.
Thank you
Marriage certificate with Christian girl
My son wants to marry a Christian girl whose husband left her 17 years ago . What legal complications are foreseen?
2 years ago
A. Dear Client ,
The girl need to take divorce from her first marriage inorder to move forward with the second marriage otherwise such second marriage shall be deemed as null and void and also illegal in the eyes of law
Thank you