Family Law Advice

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.

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...

How to release wife from her parents custody

Sir I want to know how to release wife from her parents custody? I am a Physics teacher and used to give home tuition. During the lockdown I went to teach home tuitions to a girl student at her home. Gradually, we love each other and decided to marry. Her parents were against our marriage,...

Protection against false divorce case

I want protection against the false divorce case because my wife uses it as a tool to harass me. She is trying to teach me a lesson because I have not been fulfilling her wish to live separate from my family. In this condition I have no other option except to face this false divorce case. Sir,...

Extra-marital affair: a ground of divorce

My wife has an extra-marital affair with her ex-boyfriend. I knew about her extramarital relation when I saw some intimate photographs on her mobile phone. I have collected all those photos as evidence to prove her illegal relation.  She accepted the sexual relation with her paramour when I caught...