Question: I want to know whether maintenance in case of divorce after one year of marriage is possible. I got married on 20 Nov 2019. Now we want to get separated by mutual consent. My wife is a B. Tech. & MBA but did not make any serious attempt to get a job. At the time of engagement in...
Family Law Advice
My mother-in-law is harassing me for getting my salary
Question: My mother-in-law is harassing me for getting my salary. She is a very cruel lady and very greedy. I am working as a bank manager in ICICI Bank and my husband is a software engineer. My husband is lower than my salary therefore my mother in law is demanding from me to give myself to...
Stepmother is receiving family pension : Can she claim maintenance from me?
Question: My stepmother is receiving the family pension and has all retiral benefits such as provident fund, gratuity etc. She is living a good life but claiming more money from me. I am a software engineer and currently in the USA. We are a very reputed family in our society. My mother died in...
Can I live in relationship with a married person?
Question: Can I live in a relationship with a married person who does not live with his wife? I love him a lot. Actually, we were wet on a dating website. I want to know whether our relationship will be valid? Can I enforce those rights available to married women? He has a son and very...
Wife is planning to file a false criminal case: How should I protect myself?
Question: Can I protect myself from being roped in a false criminal case? My wife is planning to file a false criminal case against me. She does not want to live with my joint family and is forcing me to transfer to another city. I am working in a PSU Bank and have a possibility to shift to...
Wife quarrels with my mother: Can I get divorce on cruelty?
Question: We married 12 years ago and we have a 10 years old son. Our marital relationship is not good and my wife quarrels with my mother. She wants my mother don't stay with us. During the quarrel she spoke awkward words, abused, and raised hand on me. One day she called the police and I spent...
Anonymous complaint in Domestic Violence Act
Question: Can I file an anonymous complaint in the Domestic Violence Act because my sister’s husband does not allow her to leave the home? My sister has been living under the strict surveillance of her husband. She is facing severe domestic violence and mental torture from her husband. I want to...
Husband refused divorce: What should I do?
Consent of husband is not mandatory for filing of divorce. Wife can seek divorce if she has a valid ground for it. Husband’s consent is mandatory only in divorce by mutual consent.
Married Hindu can marry a Muslim girl without divorce
Bigamy is banned by Section 5 of the Hindu Marriage Act. This section mandates that the marriage of a Hindu is void if he has a spouse living at the time of the marriage. If a married Hindu contracts Nikah with a Muslim girl with or without conversion, the Nikah will be void and he shall be prosecuted under Section 494 IPC for the offence of bigamy.
A maintenance order without hearing the husband is void
The court cannot pass a maintenance order under Section 125 of the Code of Criminal Procedure (crpc) without hearing or giving the opportunity of hearing to the husband. If the court did so, it has breached the principle of natural justice. The husband should file an application under section 126 crpc for setting aside that order. There is a period of limitation for filing of such an application u/s 126 crpc
My sister in law hates my love affair
Personal view or observation of a person does not constitute domestic violence. The proceeding under Protection of Women from Domestic Violence Act cannot be initiated against the sister in law who is protesting the marriage of her sister in law with her brother. Such a protest does not amount to mental abuse defined under the DV Act.
Can I get divorce because my husband always suspecting my character
Suspecting the character of a wife without any reason amounts to mental cruelty. The wife can seek divorce under section 13 of the Hindu Marriage Act 1955. Allegation of extra marital affairs is a serious allegation because it strikes at the root of marital relationship. Faith and chastity of the wife is the cornerstone of a marital relationship.
My careless father forcing to marry a man of his choice
You have the right to choose your life partner hence, you should solemnise marriage with your free consent. A marriage without free consent is voidable under Section 12 of the Hindu Marriage Act.
My husband fights after drinking and demanding divorce
I had a love marriage in 2012. My husband was into the hotel business but later left and started looking after his fathers property which is a boy's hostel. He has gotten into drinking and bad company. Fights for small things, we stay in his elder brother's house. My husband has no property in his...
Divorce on abnormal behaviour of my wife
My wife’s abnormal behavior causes much trauma. I want divorce on the basis of abnormal behavior of my wife. Sometimes being good and sometimes threatening me by saying she will suicide. She had suicide attempts twice. And discharged from hospital. Only message conversation proof is there. No...