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What legal rights against Divorce and Domestic Violence case ?
13-Jun-2023 (In Divorce Law)
Respected Sir/ Madam, Have a Pleasant Day.I'm (Hindu-M/46) am working with a para-military organization, got married in Apr 98, have two daughters (1st-F/18½ & 2nd-F/10½) both students. All remained together till Aug 12. I alongwith my father & sister, am a victim of so called ‘Legal Terrorism’ (U/s 498-A of IPC) by my wife (F/45½, Graduate from DU) and booked with first suit under sections 498-A, 323, 504 & 506 of IPC at Uttar Pradesh since Aug 12 for which proceedings are in progress. The second suit has been filed at Delhi U/s 125 CrPC since Oct 12 for which ‘Interim Maintenance’ has been awarded and being paid. Separation period from family has passed nearly 5 Years, please guide me for:- (a) Whether should I file a suit for ‘Divorce’? If yes, under which sections? Will it go against of me. (b) Time likely to get till legal Divorce? (c) Who will hold custody of children thereafter? (d) Till which dates I am bound to pay maintenance to my wife and children? Regard
Hello,
For the query you posted, I would suggest the following:
Indeed you can file proceedings for divorce under section 13of the Hindu marriage Act.
Further custody shall be a matter of judicial decision which can be contested thoroughly.
I hope that answers your query.
Best
M.Faris
For the query you posted, I would suggest the following:
Indeed you can file proceedings for divorce under section 13of the Hindu marriage Act.
Further custody shall be a matter of judicial decision which can be contested thoroughly.
I hope that answers your query.
Best
M.Faris
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Adv. Mohd Faris
Delhi | 100+ Answers
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Hey,
You can file a petition for divorce under section 13 for divorce.
You have to maintain your kids till they are 18.
We would go accordingly so that you have to pay minimum maintenance to your kids.
For more Information feel free to have a word with me.
You can file a petition for divorce under section 13 for divorce.
You have to maintain your kids till they are 18.
We would go accordingly so that you have to pay minimum maintenance to your kids.
For more Information feel free to have a word with me.
Helpful?
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Adv. Sahej Uban
Delhi | 500+ Answers
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Hello, Recent order by Supreme Court that, if wife is educated and can maintain herself, then husband is not bound to give her maintenance.
Other option
Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months, also can approach to family court.
Please visit our office with all documents, so we can suggest you more options.
Other option
Invoking Article 142 of the Constitution of India to do ‘complete justice’ to a couple who had decided to part with each other after living separately for last five years, the Supreme Court has waived statutory cool-off period of six months, also can approach to family court.
Please visit our office with all documents, so we can suggest you more options.
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Adv. Jayatee Chatterjee
Delhi | 200+ Answers
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Yes, you can file divorce u/s. 13 of Hindu marriage act you can take the ground of divorce as desertion,
As the question related to custody of children the court may, from time to time , pass such interim orders and may make such provision deem just and proper with respect to the custody whether custody to mother or father or visitings Rights,
the maintenance orders to pay to family is the discretionery power of the courts. You have to pay the maintenance to your wife and children till they are not able to maintane herself. Or some others legal circumstances....
As the question related to custody of children the court may, from time to time , pass such interim orders and may make such provision deem just and proper with respect to the custody whether custody to mother or father or visitings Rights,
the maintenance orders to pay to family is the discretionery power of the courts. You have to pay the maintenance to your wife and children till they are not able to maintane herself. Or some others legal circumstances....
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Adv. MD Faiz
Delhi | 25+ Answers
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You can file a divorce petition but it will be completely false to commit any time which it could take.
And your childern will be entitled to maintenance till they attain majority i.e. 18years.
Although the facts what you have provided are not complete to ascertain your legal position. I need more details so that right legal advice can be provided and there after appropriate legal remedy can be sorted. Plz feel free to contact me any time.
And your childern will be entitled to maintenance till they attain majority i.e. 18years.
Although the facts what you have provided are not complete to ascertain your legal position. I need more details so that right legal advice can be provided and there after appropriate legal remedy can be sorted. Plz feel free to contact me any time.
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Adv. Naman Gupta
Delhi | 200+ Answers
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