Advocate Rahul Bakshi

Questions Answered by Advocate Rahul Bakshi

Q: Alimony in case of mutual divorce

If I go for mutual divorce , will i get alimony

Advocate Rahul Bakshi answered
Divorce by mutual consent happens in two stages: 1st Motion and 2nd Motion. Both the parties agree on a fixed amount and then one party pays a portion of the agreed amount when the Petition for First Motion is listed for hearing before the Judge. After six months the Petition for Second Motion is filed and the remaining amount is again paid in the court by one party to the other party. After that the Judge records in the order that the entire payment has been made by one party to the satisfaction of the other party and only then he grants the Divorce Decree. Once the divorce has been granted then no further payments are to be made. That’s why in mutual consent cases the amount that is to be paid usually is in lakhs or crores. Whereas in case of monthly maintenance or alimony the amount is usually in thousands.

Q: What to do my wife is not ready to file for divorce

I m 3years married.but now m not happy with my married life. I want a divorce but my wife is not ready to give.m frustrate from her.so plz tell me how can i get divorce

Advocate Rahul Bakshi answered
The law of divorce in India is different for people with different religions. For example in case the parties to a marriage were married as per Hindu customs then there are two kinds of Divorces recognised in law: 1. Divorce by mutual consent 2. Contested divorce. In case both the parties want a divorce then they jointly file a petition for divorce by mutual consent. However, if one party wishes to obtain a divorce while the other party doesn’t then it becomes a case of contested divorce. In this the party who wants a divorce has to convince the Judge as to why he or she must be allowed to get a decree of divorce despite objections from the opposite party. The petition for divorce must be filed before the concerned Family Court having jurisdiction to grant a divorce. Furthermore, a person is allowed to raise only those reasons or grounds for divorce that are mentioned in the Hindu Marriage Act. It would not be possible to answer if you can get a divorce without knowing the details of your case or the reasons based on which you are seeking a divorce.

Q: Husband not taking financial responsibility of wife and children

What if the wife is wrkng but husband doesn't work n do not take financial responsibility of their kid n wife.

Advocate Rahul Bakshi answered
Firstly, you will have to state your religion as well as the religion of your husband. Since in India, the laws pertaining to matrimonial disputes are different for different religions. For example, a Hindu male is obligated by law to bear the usual financial expenditures of his wife and children under the “The Hindu Adoptions and Maintenance Act”, “Hindu Marriage Act”, “Protection of Women from Domestic Violence Act” and other related acts. For the purpose of securing herself financially, a wife will have to file the appropriate proceedings before the court having jurisdiction to deal with maintenance / matrimonial disputes. Additionally, the case will take a few years to be decided. However, till the time your case is decided by the court you can file an application for interim maintenance for your children and yourself. Your husband can be ordered by the court to pay you monthly expenses as an interim measure till the judgment in the case is finally pronounced. Your query is too general. To answer it appropriately specific inputs would be needed from your end. Your lawyer and your husband’s lawyer will have to inform the court regarding the exact nature of the dispute. Some of the information that will need to be provided to the court is: Was your husband working before he was married? What was his income at the time of marriage? When did he lose his job? What is your qualification? What is your husband’s qualification? Are you only seeking financial security or any other reliefs as well? Etc. Depending on the exact nature of the dispute, you would be advised which remedy is to be exercised or which court is competent to adjudicate in the matter.