Advocate Ravi Kaushik

Questions Answered by Advocate Ravi Kaushik

Q: Husband married again without taking divorce from first wife

Mere husband bina divorce k yadi contract marriage Kar te h to kya y legal h . Him Hindu h

Advocate Ravi Kaushik answered
No it's not legal Hindu marriage is not a contract marriage it's punishable Hindu marriage is a vadic Sanskar according to Hindu marriage act 1955 in Hindu custom it is not valid to do marriage by contract..

Q: How to get divorce or judicial separation from wife?

I am a person of 33.I got married before 3 years. My wife is a government servant and she lives at her father's home because her posting is there. I do a private job. I have a daughter of 1 year I and my wife both live separately due to our services. To live separate is not a matter the matter is this that she doesn't care of my matters and issues. She married with me only to show the world that she has a husband and she is not a bachelor. She doesn't take care even of my mother. She and her mother ever demand money from me. She goes anywhere in any function of our society whether I am invited or not. I am a private employee and she is a government servant but yet I don't have any financial help from her. I feel that I don't have any existence in this world and I am a valueless man. So I want to take divorce from her and please inform me that can I get divorce from her ? Or Can I get the legal separation from her for a short period like 1 or 2 years ? Thank you.

Advocate Ravi Kaushik answered
Hello yes you can get legal separation from your wife there is a two legal way Divorce With Mutual Consent: When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.There are three aspects regarding which a husband and wife have to reach a consensus. One is alimony or maintenance issues. As per law, there is no minimum or maximum limit of support. It could be any figure or no figure. The second consideration is custody of the child. This must necessarily be worked out between the parties, as it is inevitably what requires the greatest amount of time in divorce without mutual consent. Child custody in a mutual consent divorce can also be shared or joint or exclusive depending upon the understanding of the spouses. The third is property. The husband and wife must decide who gets what part of the property. This includes both movable and immovable property. Right down to the bank accounts, everything must be divided. It is not necessary for it to be fair, so long as it is agreed to by both parties.The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later.As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period. Second legal way Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.1. CrueltyCruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.2. AdulteryIn India, a man that commits adultery (i.e. has consensual sexual intercourse outside of marriage) can be charged with a criminal offence. The wife may, of course, file for divorce as a civil remedy. If, on the other hand, a wife commits adultery, she cannot be charged with a criminal offence, though the husband can seek prosecution of the adulterer male for adultery.3. DesertionOne spouse deserting the other without reasonable cause (cruelty, for example) is reason for divorce. However, the spouse who abandons the other should intend to desert and there should be proof of it. As per Hindu laws, the desertion should have lasted at least two continuous years. Christians, however, will not be able to file a divorce petition solely for this reason.4. ConversionDivorce can be sought by a spouse if the other spouse converts to another religion. This reason does not require any time to have passed before divorce can be filed.5. Mental DisorderIf the spouse is incapable of performing the normal duties required in a marriage on account of mental illness, divorce can be sought. If the mental illness is to such an extent that the normal duties of married life cannot be performed.6. Communicable DiseaseIf the spouse suffers from a communicable disease, such as HIV/AIDS, syphilis, gonorrhea or a virulent and incurable form of leprosy, the Hindu Divorce Laws in India say that the other party can obtain a divorce.7. Renunciation of the WorldIf the spouse renounces his/her married life and opts for sanyasa, the aggrieved spouse may obtain a divorce.8. Presumption of DeathIf the spouse has not been heard of as being alive for a period of at least seven years, by such individuals who would have heard about such spouse, if he or she were alive, then the spouse who is alive can obtain a judicial decree of divorce.

Q: During Divorce proceedings, does wife stay in husbands house ?

I applied for divorce in ipc 13 . This is accepted and noticed issued to wife . One date completed on 26 .can my wife eligible to live in my house.?? Does she have right to live in my home. I alredy complained against her to district SP that my wife and want to kill me. M service personnel out of home pls advice

Advocate Ravi Kaushik answered
Hello firstly in your query which I understand that one year completed of your marriage on 26 but didn't mention month and year by you firstly not to worry and listen Yes after marriage your wife and if you have a child both have every right to reside in the household she shared with you till the disposal of any matrimonial dispute between both of you if your wife estranged you allow her to live in matrimonial house till dispute concerning domastic violence treated..and ofcourse you and your mother can also be under constant threat from your wife if there is every possibility that your wife may drag this case or misuse the provisions allowed by law..feel free to take advice.