Free Legal Advice

Dear client,

If both you and your spouse have mutually decided to seek a divorce and there are no allegations or specific grounds for separation, the best option is to file for a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955 (or the relevant law based on your personal law).

For a mutual consent divorce, the court typically requires a valid reason or explanation as to why both parties agree that the marriage cannot continue. While no serious allegations are necessary,

Dear Client,
For initiating Khula, you need to formally request a court for it by citing a valid reason like neglect or incompatibility with her husband. There are also chances for you to return the 'Mehr' or have a financial settlement with the husband to end their marriage. If your husband agrees to the Khula, you can proceed with mutual consent. And the Khula must be in a written format and duly signed by you and your husband. After Khula is finalized, the husband has to financially support y

Dear Client,
When a marriage is annulled by a decree of divorce sought by the parties for mutual consent divorce under Sec. 13B of the Hindu Marriage Act and an application under Sec,125 Cr. PC claiming maintenance is resolved on a one-time settlement of maintenance, you are estopped from claiming further maintenance from the husband. In the following circumstances, a wife can claim maintenance after mutual consent divorce: 1. If no permanent alimony is granted in mutual consent divorce. 2. If

Dear Client,
The terms and conditions of the mutual consent divorce agreement arrived at between the couple matter the most in the given situation. If you engage a senior experienced advocate to draft the agreement of MCD and make both parties agree for the withdrawal of all cases including the criminal complaint case under section 498A, 420 IPC, before the finalization of divorce then, based on the merit in the appeal and agreement, the criminal cases may be allowed to be withdrawn and thus dis

Dear Client,

Section 13(1) of the Hindu Marriage Act, 1955 outlines grounds for divorce, including desertion and adultery. Under Section 13(1)(ib), desertion for two years permits a spouse to file for divorce. Adultery, defined in the Act, also constitutes grounds for divorce. High Courts and the Supreme Court recognize both desertion and adultery as valid grounds for contested divorce. In such cases, if the respondent doesn't respond, the court may proceed based on the petitioner's testimony.

Dear Client,

Under Section 9 of the Hindu Marriage Act, either spouse can file a petition in a district court for the restitution of conjugal rights if they have been deserted without reasonable cause. If the husband succeeds in the Section 9 case, the wife is not entitled to maintenance under Section 125 of the CrPC. The court's decision on the conjugal rights suit implies that the wife had no valid reason for refusing to live with her husband. To claim maintenance, the wife must demonstrate h

Dear Client,

Once the terms of a mutual divorce settlement have been accepted by the other party and verified by the court, and the case has been scheduled for the final hearing, parties involved cannot unilaterally modify the settlement. In fact, withdrawing from a mutual divorce petition is only allowed if both parties mutually agree to do so. Any attempt at unilateral withdrawal, especially after one party has fulfilled their obligations as outlined in the memorandum of agreement, is not le

Dear Client,
In a divorce filed under Section 13B of the Hindu Marriage Act, the divorce process is typically initiated by filing a joint petition for dissolution of marriage by mutual consent. The key question you are asking relates to the exact point at which a person is considered legally divorced in such cases.

The legal position is that a person is considered divorced from the date of the decree of divorce itself, which is the date on which the court grants the final decree of divorce. Th

Dear Client,
Until and unless a decree of divorce is passed by the Cournt, your son cannot apply for the single status certificate and cannot remarry as per the Hindu Marriage Act, 1955, because under Section 17 of the Hindu Marriage Act, 1955 remarriage of another woman in the absence of an order of divorce annulling the earlier marriage is termed bigamy and treated as illegal and a criminal offense in India.

Dear client,
This is contrary to the law. Please lodge a complaint stating that the husband is coercing you to take back the case.