HINDU MARRIAGE ACT NOT APPLICABLE ON ME BECAUSE I AM SHEDULE TRIBE MEMBER
HINDU MARRIAGE ACT NOT APPLICABLE ON ME BECAUSE I AM SHEDULE TRIBE MEMBER
I am schedule tribe member and I want to divorce in our community because HMA act is not applicable on us. I need a direction through family court on order sheet to divorce through adivasi panchayat
2 years ago
A. Marriages and divorces are regulated by the personal laws and tradition as applicable to the individuals. In case you are not covered under the HMA then you can follow your own traditional tribal method and post that yo can apply for a declaration suit in the local court for the same.
Domestic Violence, Separate mother, Divorce
It is anonymous for privacy concerns. I am A, my brother B, mother M and father K. K repeatedly committed domestic violence in his family. Torturing M,A,B was a daily activity for him. M,A,B even went
2 years ago
A. Hi,
'M' can file a case under section 498A of IPC. Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Cruelty is the main ground to seek divorce as defined under 'Sec 13(1) (i-a)' of 'The Hindu Marriage Act, 1955'. She can plead for divorce under the said act. You can also file a suit against K for criminal intimidation. Please conta ...ReadMore
Jagannath S Pawar
I m divorce women so how can I get my cast certificate for my child
I am divorced women so how can I get my cast certificate for my child
2 years ago
A. Hi,
Divorce lady can apply for caste certificate if she has already cast certificate in her name. If child's father has cast certificate then also she can apply for caste certificate of child's father caste. However, if the mother belongs to a backward class and the father belongs to a forward class, then the caste certificate of the child will be according to that of the father. You may approach the tahsildar of your area with the correct documents and get the certificate issued.
If you like m ...ReadMore
Wife has filed 498A and DV case, how to file a divorce case?
I have already filed H.M.O.P case on March, 2021 for consequential rights. But my wife was filed 498A and DVC Case on April, 2021 and July, 2021 against me. Further I know that, she will again plan to
2 years ago
A. When you have already filed a case for restitution of conjugal rights then during the pendency of this case you cannot file divorce without withdrawing the present case. So, if you want to file a separation case then first withdraw the current one. Secondly you do have a good ground of 498A and DV causing mental cruelty to you which can be formed as the ground for divorce.
How to avoid entrance of my wife in matrimonial house post filing divorce
Dear Sir, I have filed divorce case against my wife and have informed her. At present she is living in her parental house for last 15 days. We have kept our home (Matrimonial house) locked since then
2 years ago
A. Hi,
A married woman has the right to enter her matrimonial home as much as she has the right to enter her natal home. There is no legal provision as such to prevent her by entering the matrimonial home. Even trespass wouldn't stand since she has the right to enter the property. Only after the divorce has been decreed can you get a restraining order.
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Is a man entitled to divorce his wife once dowry case and physical harassment case against his parents is falsified by evidence n facts
is a man entitled to divorce his wife once dowry case and physical harassment case against his parents is falsified by evidence n facts
2 years ago
A. Hi, yes, anyone is entitled file for a divorce at anytime provided a reasonable ground exists for the same. It is worth noting that currently, acceptable grounds of divorce include: 1) Adultery, 2) Conversion to another religion, 3) One of the couples suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce., 4) Not been seen or heard alive for a period of seven or more years., 5) Failure in observing the restitution of con ...ReadMore
can i use my phone or that chat as evidence to court?
Hi My husband used to torture me abuse very badly and exploited financially by transferring all my salary to his account. After all this when I started to resist them he threw me outside the house wi
2 years ago
A. Hi, chats cannot be used as primary evidence in a court of law. The can, however be presented in the court and treated as secondary evidence as per the discretion of the judge. If you found this helpful, please rate me.
Advocate Sinjari Bandyopadhyaya
Divorce
I have applied for contested divorce and its been 2 years I just got to know that they would hire a private detective to know about me. How to come out of this problem.
2 years ago
A. Hello Sir
Hiring a Private Investigator is a general practice done by most of the people in divorce cases in order to prove the allegations they have made. In order to come out of this problem you are advised to request the Judge in the next hearing to direct the opposite party to not to breach your privacy. And in case they still does than you have all right sue them for infringement of your privacy.
Thanks
Vaidehi Samant
Wrong case filed
My wife had blackmailing me saying if i speak or visit my parents she would commit suicide.so i have filed a complaint in police station and they have counciled her and told me to drop her in their pa
2 years ago
A. Filing an application for quashing of false FIR under section 482, CrPC in the High Court is one course of action. Further, a writ petition under Article 226 of the constitution can also be filed in case of a false FIR.
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Divorce case
What should I do if My wife always use to nag me and use to insult me for everthing in my marriage, she and her mother has caused me so much mental abuse. She use to leave to her mother house on and o
2 years ago
A. Hi,
Dowry is a punishable offence and would attract legal complications. If a harassment case is initiated against you, then you can show the voice recordings as proof which prove the opposite of her claims. It is always advisable for you to settle the issues out of court and amicably and filing a case must be seen as the last option. If your wife is ready for a settlement, please go ahead with it.
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