Divorce
Divorce
I and my wife both are working in govt sector 8 months ago she went to her parents home with leave during the 8 months she didn't join her duty after this period she demand divorce I have a daughter
3 years ago
A. I think you should agree for mutual consent divorce and seek visitation rights for the child or joint custody with mother retaining physical custody and regards to alimony wife if claims alimony than it is better to provide one time alimony and finish the matter once and for all rather than providing maintenance to wife every month, however please remember that you might require to provide monthly maintenance of your kid which may depend on his/her expenses regarding school,medical, recreation ...ReadMore
Vaidehi Samant
Hindu Divorce
What happens if I am unable to present myself in the court for the final divorce hearing. P.S: The divorce is mutual consent and the petition is filed 1 year back and we got the final divorce hearing
3 years ago
A. Hi,
If there are valid reasons for non-appearance, then an ex-parte decree may be passed in your absence.
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Ayantika Mondal @ Prime Legal
Marriage issue
I am a Muslim man and last year i got married and after that due to some dispute with my wife she went to court and i now i want to divorce her for which i have sent the first Divorce last month and t
3 years ago
A. Hi,
Yes you can marry another girl, and you will have to pay maintenance to your first wife as per Section 125 of the CrPc. If you found this helpful, please rate us.
Ayantika Mondal @ Prime Legal
Divorce
My divorce is in section special marriage act 28. she is not coming for statement. what I can do now
3 years ago
A. If your matter postpones above certain dates due to absence of your wife then I think you should get it withdrawn and file for a fresh divorce petition and if your wife does not attend the proceedings repetitively in this matter then you can ask for an exparte decree to be executed in your favour granting divorce in her absence. But please note that this process can be time consuming and tedious. Hence mutual consent is a good option available with you so I would advice you to explain your wife ...ReadMore
Vaidehi Samant
Divorce case
My husband has sent me a divorce petition. I would also need divorce but the problem is I’m pregnant with 7 months. How can I transfer this case to my home town Bangalore from Trichy
3 years ago
A. Dear Madam,
You have to file Transfer Petition in Supreme Court and get it transferred or file another divorce petition with your own allegations or ask her husband to withdraw the same and file mutual divorce petition in Bengaluru which is easiest of all and also cost effective.
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Divorce
Marriage date 29 Dec 2015 and my wife is living separately since March 2016,her father asked me to prepare a divorce paper in March 2016,still they have not provided me the second signed copy. Also no
3 years ago
A. You can file for divorce on the ground of desertion but remember that it will be a contested divorce which may take over 2 yrs to settle so if possible try for an amicable /mutual settlement again and this ye keep in writing the communication and collect all the evidences like there message, emails etc to provide weightage to your claim if matter goes for contested divorce.
Vaidehi Samant
Challanging A Divorce decree
The respondent (my wife) didnot appear for any hearings during the entire tenure of the case. Now the Ex-parte decree is passed in my favour when my wife did not appear before the court. I want to kno
3 years ago
A. Yes, the wife can do so under Order 9 Rule 13 CPC for setting aside the ex-parte decree.
Adv. Sarika Khude
A. Yes you can get divorce and maintenance will depend on the official income of the husband.
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ADV. ANISH PALKAR (High Court)
How can i get my Son from my wife
Me & My wife are not living together since September 2019. We have 2 Son & both the son she took with her after having small arguments & she is not coming back to my house & living with her Mother & f
3 years ago
A. You can get your son from your wife. You will have to apply for child custody to get one son.
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ADV. ANISH PALKAR (High Court)
For divorce and alimony
My friend is 43yrs. Want to divorce his wife and have 5yrs old son, he is fed up from his wife behaviour and his parents have evicted him from their property,money and everything. His income is 15k do
3 years ago
A. Hi,
It is advisable to amicably resolve the issues and if not possible then go for a mutual divorce as it will be a much speedy process. Also, in mutual all the things like visitation rights, alimony, settlement etc. are pre decided by the couple and mutually agreed upon. This will keep both the parties interest in consideration. If the divorce is not mutual then the court can allow a monthly or a one time settlement but it will only give an order keeping in view your financial earning and capa ...ReadMore
Ayantika Mondal @ Prime Legal
