Divorce filing - Hindu Marriage
18-May-2023 (In Divorce Law)
Hi,
Can anyone pls clarify these things for me?
1. Wanted to understand if both husband or wife are needed to file for a divorce under Hindu Marriage Act?
2. We got married in June’18 and have been living separate since Oct’18. When can we file for a divorce?
3. We do not have a marriage certificate. What do we do?
4. What are the alimony clauses? I do not want anything for me but will he claim from me? What is my savage?
5. He and his family has mentally tortured me and my family a lot and have been doing even when am at my parents place. What can I do for this?
6. When will I need a lawyer for myself and what would be the approx cost involved in the process?
Need help urgently.
Many thanks in advance.
Hi madam, If there is no chance to reunite you, then proceed with the legal action against your husband and his parents. fist don't think about the divorce, before that you have option to lodge complaint against your husband and his parents for the harassment and tarture and also you can file the DV case against your husband and his parents for the domestic violence. first you do initial steps.
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Dear Sir,
My answers are as follows:
1. Wanted to understand if both husband or wife are needed to file for a divorce under Hindu Marriage Act?
Ans: For any divorce presence of both husband and wife is necessary.
2. We got married in June’18 and have been living separate since Oct’18. When can we file for a divorce?
Ans: You can go for mutual divorce under Section 13B of Hindu Marriage Act and file an application for waiving of cooling period of six months by giving some grounds.
3. We do not have a marriage certificate. What do we do?
Ans: To have marriage certificate is not a mandatory in India to file divorce petition.
4. What are the alimony clauses? I do not want anything for me but will he claim from me? What is my savage?
Ans: It is for your wife to decide and if she is not okay then it will be turned into contesting case and you have to make rounds to the Courts for years together.
5. He and his family has mentally tortured me and my family a lot and have been doing even when am at my parents place. What can I do for this?
Ans: You may go for divorce under Section 13(1)(i)(ia) of HMA Act on the ground of cruelty.
6. When will I need a lawyer for myself and what would be the approx cost involved in the process?
Ans: It depends upon the profile of advocate you select normally it will be ranged between Rs. 25K to 2,00,000/- with Rs. 1,000 to 2,500/- per hearing to the junior.
My answers are as follows:
1. Wanted to understand if both husband or wife are needed to file for a divorce under Hindu Marriage Act?
Ans: For any divorce presence of both husband and wife is necessary.
2. We got married in June’18 and have been living separate since Oct’18. When can we file for a divorce?
Ans: You can go for mutual divorce under Section 13B of Hindu Marriage Act and file an application for waiving of cooling period of six months by giving some grounds.
3. We do not have a marriage certificate. What do we do?
Ans: To have marriage certificate is not a mandatory in India to file divorce petition.
4. What are the alimony clauses? I do not want anything for me but will he claim from me? What is my savage?
Ans: It is for your wife to decide and if she is not okay then it will be turned into contesting case and you have to make rounds to the Courts for years together.
5. He and his family has mentally tortured me and my family a lot and have been doing even when am at my parents place. What can I do for this?
Ans: You may go for divorce under Section 13(1)(i)(ia) of HMA Act on the ground of cruelty.
6. When will I need a lawyer for myself and what would be the approx cost involved in the process?
Ans: It depends upon the profile of advocate you select normally it will be ranged between Rs. 25K to 2,00,000/- with Rs. 1,000 to 2,500/- per hearing to the junior.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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