Divorce
5 years ago
What are the basic formalities for divorce application? If the reason is adultery of husband.
Rajeev Srivastava
Responded 5 years ago
A.What do you mean by basic formalities? It is very much important that the petition for divorce can be file after the complition of one year of the marriage on the grounds specified in the hindu marriage act. Yes adultery is a ground but it is very much difficult to prove the same in court. You can file petition on the ground of cruelty. Please contact any competant professional lawyer and take advice from him. You can contact me for further assistance and advice
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Himanshu Mahajan
Responded 5 years ago
A.Consult an advocate. He will file a divorce petition as per the court procedure and shall file on your behalf in order to kick start the divorce proceedings in the family court.
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Bhupender
Responded 5 years ago
A.Yes adultery is also the reason.
Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
+ Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife.
Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.
+ Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. Important requirement is the mutual consent of the husband & wife.
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Nirmal Chopra
Responded 5 years ago
A.Better consult advocate from Vidhikarya for correct drafting of divorce petition.
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A.Dear Madam,
Even small allegation of adultery is contended then divorce will be given with alimony. The formula is as follows:
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HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
Even small allegation of adultery is contended then divorce will be given with alimony. The formula is as follows:
==========================================================================================================
HOW TO CALCULATE ALIMONY
Dear Madam,
My answers as follows.
1)what is the max alimony I can claim from him?
Ans: The quantum of maintence must be based of SC judgment which says 25% of salary must be maintenance. Thus it must be calculated as follows
Salary Rs.2 lakhs per month
25% comes to Rs.50,000 multiplied by 12 Months = Rs.6 lakhs per year.
If you live for another 20 years it comes to Rs.6 lakhs multiplied by 20 = Rs. 1crore 20 lakhs.
You get total compensation of Rs.1 Crore Rs.20 lakhs.
2)can I ask for a property?
Ans: You have no right over property but its notional income may be added to the salary .
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