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my husband filed HMA 13 divorce petition , i submitted hma 24 application and asked for traveling , advocate fee and monthly maintenance. Judge said for monthly maintenance file 125crpc petition. I heard during the divorce case proceeding in hma 24 husband has to pay interim maintenance. How to convince judge in HMA 24 also, he can order monthly maintenance at least till the end of divorce case. any judgment or law that i show to him to assign maintenance.
Under Section 24 you can claim interim maintenance for yourself. In case you are willing to claim maintenance for yourself and the children born from marriage then you can claim under section 26 of HMA or Section 125 of Crpc.
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my husband filed the divorce case in Mathura UP after 2 year he has withdrawn his case. I stay in gurgaon can i file a defamation case against him in Gurgaon?
Yes, you can file the case if you have strong grounds for defamation. Else, you can try to explore other legal options. Also, in case the reason for withdrawal is a compromise between the both of you then you should not be filing a defamation case.
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Both couples not live with each other husband character is bad ,marriage just 3 months complete but both not want live with each other and how much time taken in divorce procedure both want very soon
Divorce can only be filed after one year of marriage. In rarest of rare circumstances, the court can allow the petition before elapsing of 1 year of marriage but you will have to move an application under section 14 of HMA along with your Divorce petition.
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husband filed divorce hma 13 near baout 2 year back after that i filed the 7 /11 and hma 24 application now my husband with draw his HMA 13 petition. now judge is not giving me any expense of traveling and legal expense of advocate. judge told me file a defamation petition in your state. what should i do ? judge asked me now you should also withdraw your hma 24 application
Since the main petition has already been withdrawn, the application filed under section 24 cannot be pursued. Therefore, you cannot claim the litigation expenses and travelling expenses. This could have been granted only during the pendency of the petition.
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Filed for divorce from wife. She has applied a TP get the case transferred as daughter is quite small. No issues in case being transferred, but she has also filed a response to my divorce petition and baseless allegations. Do these allegations/response hold valid in the lower court? Should i be even responding, as else I do not plan a contest of a mere TP
You should contest the Divorce Petition and you can try for mediation as it will give you an idea about the opposite party’s thoughts.
Although, the case will be transferred to her city of residence but during the mediation proceedings, the mediator will try to sort out the issues and try for an amicable settlement which could either lead to mutual consent divorce.
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Meri shadi ko 3 saal hue hai due to physical harassment I filed 498A with enough evidence of CCTV footage, am working women and my husband's salary is 4X then my salary we have joint home loan as well but he is not paying the emi since last 6 month property will take over by bank bank has shared legal notice to committee but my husband not responding any call from anyone ..our hearing is not started yet.as am working can I ask for residents right in that flat or if court will allow who will pay
Yes, you can file for right to residence under Protection of Women from Domestic Violence Act, 2005.
You can also claim your right over the property under Section 7C of the Family Courts Act by filing a petition before the Family Court.
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Hi, I am looking for a hassle free way to legally separate from my husband. Please let me know if that is an option or I need to file divorce petition for legal separation.
If you want to obtain divorce then you will have to file a case in the court.
In case both the parties mutually agree upon the terms and conditions of divorce then you can file a joint petition for divorce by mutual consent. If your husband doesn’t agree for divorce or if both of you do it agree upon the same terms and conditions of Divorce then you will have to file a contested divorce petition.
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PLEASE HELP IF WIFE NOT LEAVE 2 YEAR WITH ME CAN COURT GIVE DIVORCE ONE SIDE
You can file for Divorce on the ground of Desertion. The court will then issue summons to your wife.
If your wife doesn’t appear in the court even after receiving the summons then the court will proceed ex-parte which is one sided. The court will give decision based upon your submissions.
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I had filed divorce case against my wife under Hindu Marriage Act Section 13 (1), (I-A) in August 2023, She didn't appeared on 2 dates as of now. Court has assigned 3rd date in April. Till how many dates it will take court to give decision on this matter if she doesn't appear on any hearing.
The question here is whether she is not appearing in person and her counsel is representing her or nobody is appearing on her behalf. The other scenario could be that she is intentionally not accepting the summons, in that case it is advisable that you get the summons served through all means like speed post, dasti, e-mail, WhatsApp etc
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I m a mother of 6 month old girl child. I am a victim of domestic violence, and verbal abuse. I m married for 2year 6 months. Please tell what will happens to child custody and child maintenance if I file for divorce.
Instead of filing Divorce, you should first file for child maintenance and domestic violence. You can also raise a complaint with your nearest women cell for cruelty etc.
The custody of the child remains with the mother until the child turns 5. During this period, the father can grant visitation rights to the father.
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