Rights of a woman in marriage

Right to claim back dowry from her husband and in laws given to her by her family at the time of the marriage.

Right to maintenance or alimony.

Right against Bigamy, which the husband cannot remarry legally until the divorce proceedings are over.

Right to interim maintenance during the pendency of the suit.

The right to reside in her matrimonial home during the divorce procedures if she wishes.

Right to live with dignity and respect provisioned under the article 21 of the constitution.

Right to child custody which depends only on the welfare and the well being of the child.

Right to file a case against domestic violence and dowry demands.

What were the grounds for divorce?

  • Adultery.
  • Unreasonable behaviour.
  • Desertion.
  • Two years of separation with consent.
  • Five years of separation without consent.

Possibility of divorce after 2 years separation?

Anyone seeking a divorce must satisfy one of the five grounds for divorce to prove that a marriage has broken down irretrievably, one of which is two years' separation with consent.

Can I marry before my divorce is final?

It is not possible to legally marry another person while the Divorce proceedings are pending before the Court. No matter Contest, or Mutual Consent Divorce.

Can a divorce be without any reasons?

The court cannot force anyone or either give or not give divorce. It can only decide whether the person who files is entitled to divorce or not on hearing the matter. The matter has to be contested before the court by the person initiated it.

Can a mutual divorce be filed without lawyer?

Yes. A mutual consented divorce can be filed without a lawyer. For obtaining a divorce mutually, both the parties must agree that the divorce should take place and should be decided on other relevant factors.

Is marriage certificate mandatory for divorce in India?

No, Marriage certificate is not necessary for Divorce. Marriage Photograph or Marriage invitation card are sufficient to produce and if not the same than affidavit for marriage is also enough to file a divorce petition.

Can I be in live in relationship without divorce?

The Court held that a live-in relationship comes within the ambit of the right to life enshrined under Article 21 of the Constitution of India. The Court further held that live-in relationships are permissible and that the act of two adults living together, in any case, cannot be considered illegal or unlawful.

 

Required documents to file for a divorce

·       Address proof of husband and wife.

·       Details of professions and current earnings of husband and wife.

·       Certificate of marriage.

·       Information regarding family background.

·       Photographs of marriage of the marriage ceremony

·       Evidence to prove that the husband and wife have been living separately for more than a year.

·       What if husband Denies divorce?

·       if your husband is deny the divorce and he is not come in the court and he refused the divorce to him then you have to lodge a complaint against your husband for maintenance. and. complaint in the police station for under section 498 a? and pressure to your husband for divorce.

Can Mangalsutra be returned after the Divorce?

Removal of the mangalsutra, which signifies the end of a Hindu marriage or death of the husband, cannot be a ground for divorce, the Supreme Court ruled today.

Is there possibility of the spouses to have time together or date anyone else when the proceedings are before the court?

During a divorce case in India, it is illegal to date anyone or even your own spouse. It can have an adverse affect on the divorce proceedings, so the sex is a big NO SEX, if found out.

Is divorce a 7 year separation?

Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years, the couple only needs to provide that they have not been living as husband and wife during this period.

Can we take divorce online in India?

An Attorney is not required for online Divorce. An uncontested Divorce may be prepared and filed directly to the Court without even speaking to an Attorney. For filing an Online Divorce, both the parties must agree on all the matters.

·       Both parties must have reached upon an agreement about mutually parting ways; and

·       Matters related to the separation of child custody, property, alimony and assets must be sorted beforehand .

·       Present a legal notice to your spouse either by registered mail or in-person

·       Both parties need to be present while carrying out this procedure. This ensures that the divorcee file disconsented and mutual and both parties have no objection in getting it done

Mutual Divorce                                              

Husband and wife both should be willing to get separated is the first and foremost rule when it comes to a divorce with mutual consent. Also following things one should be aware of before filing a divorce :

·       Husband and wife should be staying separately for the period of minimum one year. 

·       Husband and wife both are agreed for the divorce.

·       They are unable to live together anymore.

·       Minimum one year from the date of marriage

Is one sided divorce possible?

If the wife is not ready for mutual divorce you can go for one sided divorce on cruelity basis. It will be filed under section 13 l i(a)of HMA. Also there are various other basis in HMA that you can opt for filing of one sided divorce.

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