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
Family Law Advice
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...
How to get stay order against section 125 CrPC
The maintenance order passed under section 125 of the code of criminal procedure is tentative in nature. The court may stay the maintenance order passed under section 125 crpc if wife already getting alimony under section 24 HMA.
Premarital unchastity of wife ground of divorce
My wife had premarital unchastity i.e. pre marriage sex with her boyfriend. I got married on 22/04/2016 at Warangal, Telangana. One day, I received messages and calls from one person saying that the person and my wife is having an affair from 6 years and being in a physical relationship for more...
Marriage after divorce from first wife is valid
My friend is planning to marriage after divorce from his first wife. His wife is also ready for divorce. They have been living separate from five years. My friend is living in USA and his wife in India. He loves a lady who is a citizen of UK. She is a bachelor and working with him in USA. Both are...
My husband and I have agreed for mutual consent divorce
My husband and I have agreed for mutual consent divorce and want to move a petition before the family court. Please guide how to file such a case before the family court. Question from: West Bengal Section 13-B of the Hindu Marriage Act 1955 [HMA] provides a remedy to live apart by mutual consent....
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,...
Could I get a judicial separation from a mentally unstable wife?
I have a mentally unstable wife. She is harassing me for the last 10 years. Her behaviour and conduct are extremely bad. I have an adorable daughter who is 11 years old. Examples of her insane behaviour are — Since the last three years, my daughter is not going to school due to her behaviour. She...
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...
Having doubt on husband and his family for hiding something very important from me
I suspect my husband as well as my mother in law to be hiding some previous affair of my husband before marriage. Everything they tell me is a big lie. Something fraud like mindset they have got. They force me to do things that either I don't like or things that will make an impression of me of a...