Advice in Family Law
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Legal advice in Family Law
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...
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...
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...
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...
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...
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...
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...
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.
Section 14 of the Hindu Marriage Act prohibits divorce within one year of marriage unless there is any exceptional hardship or depravity. If exceptional hardship exists then spouse can approach the Family Court and take leave to file divorce petition within one year of marriage.
A non custodial father i.e. a father who cannot get custody of a child, has a visitation right to meet and spend some time with his child. Father’s visitation rights accrues after dissolution of marriage, divorce or judicial separation. It does not arise when wife is living separately due to some differences.
A Muslim woman who is living separately due to cruelty of husband, has right to maintenance under Section 125 of the Code of Criminal Procedure. She can also invoke the provisions of Protection of Woman from Domestic Violence Act. She can claim residence order and monetary relief under the DV Act. Her husband cannot evade himself from his marital responsibility.
When the recorded whatsapp conversation does not form any ground for divorce as mentioned in Section 13 of the Hindu Marriage Act, the wife should not be worry about that. Conversation between mother and daughter does not amount to cruelty hence, the recorded whatsapp conversation has no legal value.
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