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What is the procedure for divorce and settlement


17-Feb-2023 (In Divorce Law)
Hi I am from girl side, who's fighting for divorce cum criminal cases. 1. For a girl, Is it possible to continue criminal cases even getting divorce having husband property share proof without mutual settlement? 2. Since five years had no relationship between couples than divorce must be faster n quick? 3. After court decisions loosing case by husband side from have power n right to appeal at high court or further to do anything more? 4. As per laws, how much husband's property share comes to girl? Thanksgiving!
Answers (3)

Answer #1
895 votes
Assuming you are Hindus,
Under the Hindu Marriage Act, there are two types of divorce i.e. mutual divorce and contested divorce.

If both the parties aree for a mutual divorce then a petition is required to be filed in court and both the parties have to appear together and sign in from of the judge, thereafter there is a gap of 6 months and after 6 months both parties are requried to appear in court again and sign again.
After that within a week divorce is granted.

In contested divorce, there are certain grounds mentioned under section 13 of the Hindu Marriage Act.
Divorce is only granted if the marriage falls within the grounds provided under the Act.
Some of the grounds are - adultery, dissertion, cruelty etc.
Answer #2
631 votes
Criminal proceedings and the divorce proceedings are different. Just because divorce case is over, it won't dispose the criminal case. Even after disposal of the divorce case, each party will have the right of appeal.
Answer #3
897 votes
case of divorce, Woman will have 50% share in the residential property of a man
The wife will have to take the initiative of seeking her share in such cases.
Women and children will also have rights in the other assets of man, which will be decided by court
It does not matter if the property was acquired by before or after the marriage

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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