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Hindu : Divorce(by Husband) v/s Conjugal Rights case(wife)
27-Sep-2023 (In Divorce Law)
Husband filed divorce case - sec13 i for cruelty & Wife later filed Conjugal right sec 9. what if :
A) Husband's petition granted -
i) What Wife possibly can do? like appealing in HC and SC? ii) Can he marry immediately on second day of getting order from Family court before wife challenge in HC. Is this valid marriage? iii) Does husband should wait so long till SC order comes ? iv) Live-in , child from it will have any complications for him?
B) wife granted conjugal -
i) what happens if Husband don't want to stay with wife at any cost? He not allowing her to stay? ii) he may go out of city or country then what? iv) Can forcefully order implemented? v) What financially loss he may suffer & solutions to avoid them ? Can he sell/gift his property? vi) Can husband be in Live-in or get married (not legally) but with family agreement. Also what if this relationship have baby later?
vi) Will this baby have legal problems , for birth certificate, aadhar, passport.
Thanks
Dear queriest, as per your query you have mentioned about the several nonsense what if what if what if..... it's like you are the only one who wants enjoy all the rights of law and you need to specify first whether you are husband or wife. no one is free here to answer your vague query.
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Adv. Dhananjay Ravikant Gangawane
Pune | 500+ Answers
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You have asked almost 11 questions altogether? But did not mention whether you are wife or husband. The outcome of court case depends on the evidence given by the parties and the trial conducted by concerned advocate. In restitution of conjugal rights , neither party can force restitution but if parties do not reside together for one year it is an additional ground for filing divorce to the party who got the said order from court.
If either party succeeds in getting divorce at trial court, that party has to wait for the period of time till other party has time to file appeal against the said order and said appeal is disposed off.
If either party succeeds in getting divorce at trial court, that party has to wait for the period of time till other party has time to file appeal against the said order and said appeal is disposed off.
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Adv. Mukesh Vasant Shinde
Thane | 400+ Answers
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