Advice on Family Law
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.
Can I get divorce because my wife has a sexual relationship with other people?
My wife has sexual relationships with other people. I have been captured so many times but I ignore it for the future but when she, again and again, does these things then I collect the proof. Three times she was captured and she accepted it. I have some video...
Does affidavit of husband mandatory for Section 125 CRPC?
My husband is living in Delhi, and I am in Kanpur. He has expelled me from the marital home and also does not want to give maintenance. Therefore, I want to file a complaint under section 125 CrPC for maintenance. Is it necessary to file the affidavit of husband and...
Wife has filed many court cases concerning the matrimonial dispute
My wife has filed many court cases towards the matrimonial dispute. I have also filed a case under section 9 of the Hindu Marriage Act for restitution of conjugal rights. The said case is running for more than two years and currently at the argument for maintenance....
Wife can seek residence order only in shared household
My husband contracted a second marriage, and that woman has been living with us. The second wife of my husband demanded huge money as maintenance under section 125 of the code of criminal procedure. She is a very much materialistic woman and also dominating my...
Irretrievable breakdown of marriage in the Hindu Marriage Act
The Hindu Marriage Act does not recognise the concept of irretrievable breakdown of marriage. This concept does not allow the parties to prove guilt for divorce, therefore, it gives easy and respectable exit from the matrimonial bonding. In the modern development of social and economic conditions, marriage is no longer an institution. The marriage became a contract between the parties. Some provisions of the Hindu Marriage Act also made the marriage a civil contract between the parties.
Could I get my jewellery and share in the property on divorce
Husband drove me away after eight years of marriage. We have a property in which I invested 80% and my jewellery. Also, there was domestic violence. I filed a police complaint. We adopted a baby girl, and they kept the baby. If I file a divorce case, will I get my...
Unrealistic response by wife for RCR notice
I have sent an RCR notice to my wife. She has answered that they will arrange for sitting after two months. Until then she will not come to my house. It seems, even though both of us are staying in Bangalore and my kid will be there at her parent’s house in Hyderabad....
Wife without any reasonable cause refuses to live with husband
Sub-section 4 of Section 125 crpc enumerates that if a wife without any reasonable cause refuses to live with her husband, she is not entitled to maintenance. The court before granting an order of maintenance must examine the fact of refusal to live with the husband.
Husband has left me and making demand of dowry
I am living separately because my husband has left me. One year has gone, but my husband doesn’t want to give alimony or bear my expenses. He is using my ATM also for his purpose as well as demanding dowry from me. What could I do? Question from: Jharkhand First of...
Demand of additional expenses incurred in upbringing of child
One of my cases has settled under an agreement of paying rs. 8500/month and educational expenses of the child, which I am paying every month without any due. This year also, I have paid for books and uniform materials. However, now, the wife is asking to pay for the...
Maintenance of aged parents or senior citizen
I am a widow as well a senior citizen of India. I want to know about the maintenance rights of my son. What is my maintenance rights as per the Indian law? Question from: New Delhi India is the home of more than 81 million senior citizens. It is expected that by 2026,...