Advocate Shrunali Bhowad

Questions Answered by Advocate Shrunali Bhowad (25+ answers)

Q: How long it will take to complete mutual consent divorce

Just wanted to know if both parties are mutually consent and agreed to divorce how long it will take to complete the process? In this case. both parties still need to wait for 6 months or it can be done within few days?

Advocate Shrunali Bhowad answered
The mandatory waiting period of 6 months for a mutual consent divorce was made more flexible by a Supreme Court ruling in 2017. The court held that the cooling-off period under Section 13B(2) of the Hindu Marriage Act, 1955, is not mandatory but directory.This means that if both spouses are genuinely ready for a divorce and have settled all issues (like alimony, child custody, and property distribution), they can request the court to waive the cooling-off period. The court may grant the waiver if it is convinced that the marriage has irretrievably broken down and there is no chance of reconciliation.If both parties are living separately for more than 1.5 years then this could be one of the reasons for waiving off the 6 months mandatory period

Q: Sending a legal notice about getting divorse

I don't want to continue my marriage .I want to send her a legal notice.Both are salaried.how much alimony I have to pay.How much it will cost me to send legal notice

Advocate Shrunali Bhowad answered
The amount of alimony depends on several factors. Here are some common factors that courts consider when determining alimony:1. Income and Earning Capacity: The difference between the incomes of both spouses. If both are earning well and independently, alimony may be minimal or not awarded.2. Duration of Marriage: Longer marriages typically result in higher alimony amounts or longer durations of support.3. Standard of Living: The lifestyle maintained during the marriage may influence the support amount.4. Financial Needs and Obligations: The court examines the financial needs of the spouse requesting alimony and the ability of the other spouse to pay.5. Health and Age of Both Parties: If one spouse is unable to work due to age or health, this may affect alimony.6. Contributions to the Marriage: This can include not just financial contributions but also homemaking and child-rearing.7. Fault or Misconduct (in some jurisdictions): In places where fault is considered, factors like infidelity or abuse might impact alimony.While both spouses having independent incomes can influence the court’s decision on alimony, it does not automatically negate the possibility of maintenance being awarded. The court will assess the financial disparity between the parties, their respective needs, and the standard of living established during the marriage to arrive at a fair determination.Cost for sending legal notice will be around 5k to 7k

Q: Mutual divorce - Mumbai family court

I got my mutual divorce on February 24th 2025 from family court. I'm waiting for judgment copy and decree. While we are waiting for these documents, can the other party in this case my spouse can request the court to get the mutual divorce cancelled?

Advocate Shrunali Bhowad answered
once a mutual divorce order has been granted by the court and the decree has been issued, it is generally final. However, there could be some situations where the other spouse might request the court to cancel or amend the order, but this would typically require specific legal grounds.For example, the spouse could try to argue: 1. Fraud or Misrepresentation: If they believe the mutual consent was obtained under false pretenses, such as coercion or misrepresentation. 2. Mistake of Fact or Law: If they claim there was an error or misunderstanding in the proceedings. 3. Non-compliance with the terms of the divorce: If one party fails to meet certain conditions set by the court (e.g., financial arrangements or child custody terms).It’s important to note that these are exceptional cases and generally, once a mutual divorce is granted, the court order stands unless compelling

Q: I have put contested divorce what if father of wife denies to keep her

I have put contested divorce what if father of wife denies to keep her wife at home after decree as she is pchyo

Advocate Shrunali Bhowad answered
In a situation where a woman's husband has filed for a contested divorce, and her father refuses to take her in after the divorce decree because she is psychotic, several legal and social considerations may come into play.1. **Legal Obligation of Parents:** While parents typically have a moral responsibility to care for their children, they are not legally obligated to keep them in their home unless there are special circumstances, such as a minor child or dependent. In the case of an adult woman, especially if she is mentally ill, the father may not be legally required to keep her at home. However, if she is unable to care for herself due to her mental health condition, she may require some form of institutional care or support.2. **Mental Health Considerations:** If the woman is psychotic or has a mental health condition that impairs her ability to live independently, she may be eligible for support services. This can include care from mental health professionals, a mental health facility, or social welfare organizations that offer accommodation and care for individuals with severe mental health issues.3. **Legal Protection and Welfare:** In some jurisdictions, if an individual is mentally ill and unable to care for themselves, they might be entitled to support from the state or social welfare services. In this case, the woman could potentially apply for state assistance or a guardian may be appointed to take responsibility for her care.4. **Post-Divorce Rights:** After a contested divorce, if the woman is unable to care for herself, the court may consider granting her access to resources that could include mental health care or financial support, especially if she is unable to live independently.It would be advisable for the woman or her family to seek legal advice and consult a mental health professional to ensure that she receives the care and support she needs after the divorce. The legal framework surrounding such situations can vary depending on the country or jurisdiction.