Enquiry Regarding Divorce Proceedings Under Hindu Marriage Act 1955
5 months ago
Dear Sir/Madam
I am writing to seek guidance regarding the filing of a divorce petition under the Hindu Marriage Act of 1955. Specifically, I am considering a petition for divorce under Section 13(1)(ia) along with claims for legal expenses, property rights, and permanent maintenance under Sections 27 and 25, respectively.
My queries are as follows:
Is it possible to include the requests for legal expenses, property rights, and permanent maintenance within the main divorce petition? Or is it necessary to file separate applications for each of these aspects either during the trial or at the argument stage of the main divorce petition?
If these requests can be included in the main divorce petition, I would appreciate your feedback on the appropriateness and correctness of the following title and prayers for the petition:
Proposed Title: "Petition Under Sections 13(1)(ia), 27, and 25 of the Hindu Marriage Act, 1955 for Dissolution of Marriage, Property Distribution, and Permanent Maintenance."
Proposed Prayers:
a. Dissolution of the marriage solemnized between the petitioner and the respondent.
b. Directive for the respondent to bear the costs of these proceedings.
c. Order for equitable distribution of matrimonial properties.
d. Awarding of permanent maintenance to the petitioner.
e. Any other order(s) that the court finds just and equitable.
Your expertise and advice on these matters would be immensely valuable in guiding me through the legal process. I look forward to your response and guidance.
Thank you for your time and consideration
Yes, it is possible to include requests for legal expenses, property rights, and permanent maintenance within the main Your proposed title and prayers seem generally appropriate, addressing the key aspects of dissolution of marriage, costs, property distribution, and maintenance. However, the exact wording and structure may vary based on jurisdiction and legal conventions. It's advisable to consult with a lawyer to ensure the language aligns with local legal norms. If you are concerned about legal expenses, inquire about legal aid services or organizations that may provide assistance to individuals with limited financial means. Family law procedures can vary by jurisdiction, so it's essential to follow the rules and procedures of the specific court where you plan to file the petition.