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icon Clarity over maintenance amount

I have filed divorce petition on my wife under cruelty. We both are salaried. She is living at her parental house for last 4 months and we have restricted entry in the matrimonial house by keeping it


A. Dear Client
when and if she files a case for maintenance then for sure the court will look into the fact of her earnings as well as your expenses before arriving at the maintenance amount to be given to her by you. Ensure that your lawyer is objectively telling all the facts to the court.

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icon Divorce case withdrawn

Hey,Today my sister's divorce case was suddenly disposed citing reason that it has withdrawn,It was in for reconciliation for last one year since filed by her husband.So,what alternate can choose or w


A. Dear Client
A petitioner has all the options to withdraw the case and that is what he wants. In case you did not want the divorce then you can think of reconciliation of both parties to restart the matrimonial life. In case you want the divorce then your sister can file a case now.

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

icon False allegations by wife for divorce

After almost two years of my marriage, my wife went back to her parental home with all the jewelleries and now threatening to file false cases of extra marital affairs, domestic violence and dowry and


A. Dear Sir,
You have to protest all such false cases by taking them to High Court and see that stay orders are granted. Further, you may lodge a complaint that she went to her native place with your jewellery.

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icon Pregnant wife seeking for divorce in mumbai

We are hindu married since 01/02/19 , my wife is 15 weeks pregnant and has left to stay at her father's home stating incompatibility and seeking for divorce and her rights for alimony/child , what to


A. Dear Sir,
You are lucky since your wife not chosen to file any other case like 498A IPC, DV case etc. Just file RCR case (Restitution of Conjugal Rights) since your wife may file maintenance case in future.

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icon Divorce case -filed a writ for diverse

we have filed a writ for diverse on 24.12.2020 in Jaipur family court now after that opposite party also filed same case in Mumbai and sent a notice what we have to do


A. Dear Client
There is a small correction here. You cannot file a WRIT in family court but can do so only in High Court and Supreme Court. So, what you have filed is a Mat suit for divorce. If your case is filed before the mumbai case then the mumbai case must be transferred to Jaipur by the court but then you will have to inform the Mumbai Court.

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icon Divorce Case Not Filed

श्रीमान Regards. मैं प्राईवेट बहुत कम राशि पर नौकरी करता हूँ ।मेरी शादी 2017 मे हुई ।


A. Dear Client,
Following are the grounds on which you can file for divorce against your wife under the Hindu Marriage Act, 1955:
1. Desertion: Since your wife has abandoned you and left the marital home without any reasonable justification , and has not fulfilled the marriage obligations.
2. Mental Cruelty: Since your wife made false allegations against you, constantly demanded for money and denied you a physical marital relationship
Hope this helps.

Thanks

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icon Any police case will be filed after filing divorce case

My brother wife filed petition in police station with fake information and we gave proper explanation to police officials.Now we filed divorce case but not registered with number yet.Is there any chan


A. Dear client,
She can only say no to a mutual divorce but does not have any right to file an additional case on the basis of the divorce case filed. She may file additional cases on the basis of false information such as a section 498A case, but cannot file any legitimate case against the divorce.
Thank you.

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icon Maintenance amount required

Please let me know the maintenance amount. We have one year of married life and 15days baby boy. My wife intentionally staying her mother house. My income is 25k and her 15k. We both have master degre


A. This is not a legal query. Your mother in law has asked you to pay for the daily expenses of your wife and your child in such sensitive condition where your wife will not be able to work for few months and baby needs utter care and your wife will need some female attendant to be around if needed so there's nothing wrong if your wife is staying at her mother's place for month or two in such condition. You should be paying on your own instead as much possible from your end towards maintenance of y ...ReadMore

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icon Regarding one-time alimony

sir/madam, am disabled married 1year ago.my wife stayed with me for 2months non consumated(as her mother told not to consumate for 3months as her blood count was low and was taking iron supplements).B


A. As she is ready for settlement with 2lakh onetime alimony. It will be wiser & get out of the marriage, as you said she has some boy friend also. If even you go to court you will have to pay probably even more .. So settle in this amount & get a clean chit.

Hope this information is useful
ADV. ANISH PALKAR (High Court)

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icon Divorce- married woman with a 5yr old daughter

Hi i am a married woman with a 5yr old daughter... I have a illegal affair with a unmarried boy... This came to light..my husband is ready to divorce me... In the boy's house they are politicians and


A. Dear client,
You can of course ask for safety from the police and file petition in the court for asking safeguard from the police. But you cannot marry him as you are already married and you need to give divorce first to your first husband.
Thank You.

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