What can be the procedure and valid grounds for divorce and alimony ?

874 votes

Without getting divorce if he married another one girl it will be punishable under section 494 of IPC. The punishment for the did offence is 7 years. You cannot mention the allegations stated above. If the matrimonial life has broke down irreparably any one of the spouse can approach the court for divorce after completion of one year of their matrimonial life.

Advocate Selvaperumal LawRato

866 votes

He can file divorce under the ground of mental cruelty and generally to file divorce there should be minimum one year completion required. But there is a provision specially available to file before completion of one year.

Advocate B. Sivasubramanian LawRato

553 votes

There is no straight jacket formula in deciding family matters. Many factors like background of parties and other circumstances are considered while deciding divorce or maintenance issues. Generally , 1/3 of the income could be allowed in the maintenance cades. But it is not a strict rule and it difffers from case to case. Better consult a lawyer in person to get a clear idea.

Advocate Vasavi Sridevi Sivanandam LawRato

911 votes

HELLO,
When one marriage subsist you cannot marry any girl of your liking.
This is against family law. Mere threatening is not a valid ground for
divorce. How long it will take for disposal of the divorce case, it
can’t be ascertained. All your query can’t be answered in single line.
Contact me for further details.

Advocate R. Sundaramurthi LawRato

589 votes

Your friend (Male) cannot marry another girl even if his wife agrees for it without getting a divorce from a competent court. Your friend will have to file a case for divorce on the ground of mental cruelty and proof the mental cruelty in the Court. Has the wife really committed cruelty? Agreeing to let the husband marry when they are not divorced is in itself illegal. The wife cannot be allowed to do an illegal act. If the wife is willing to give divorce by mutual consent then both the parties can file a petition for divorce by mutual consent after another 2-3 months time. The divorce by mutual consent will be granted by the Court after another 6 months time
If the parties are willing to apply for divorce by mutual consent then the alimony can be mutually agreed upon. Otherwise the alimony will be about Rs.10,000/-. I will need more particulars to advice you correctly.

Advocate Suchit Palande LawRato