Ex Parte - Set aside petition time limit
Ex Parte - Set aside petition time limit
Plaintiff vs Litigant. Litigant appeared in the duration of proceedings over a year. was set ex parte after default on a NFA in the presence of litigant counsel. ex parte was set for default of procee
5 days ago
A. Dear Client,
There is no specific time limit for filing an application under Order 9 Rule 7 of the CPC to set aside an ex parte order. Such an application can be submitted at any point during the ongoing proceedings. However, a recent ruling by the Himachal Pradesh High Court clarified that the application must be filed before the conclusion of arguments to be considered.
Divorce - After tero certificate is there any procedure left to do
After tero certificate is there any procedure left to do? Tero certificate mean it cancellation from civil register? After cancellation how many days have to wait for remarried in goa?
5 days ago
A. Dear Client,
Typically, in divorce cases, except for mutual consent divorces, individuals usually have to wait for approximately 90 days to ensure that there are no appeals filed against the last order, judgment, or decree. The issuance of the TEOR certificate usually occurs only after this time period has elapsed. If this condition is met, then considering remarriage becomes an option. Otherwise, it is advisable to wait for the full 90-day period.
My brother want a divorce
My brother want a divorce with his wife abd having a girl child
1 month ago
A. Dear Client,
Divorces generally fall into two main categories: Contested and Mutual.
1. Mutual Divorce:
- If both parties are willing to divorce, they can opt for a mutual divorce.
- The process usually takes a minimum of 6 months from the day of filing the divorce petition.
2. Contested Divorce:
- If one or both parties are not willing to divorce, a contested divorce can be pursued.
- Contested divorces may take a longer period, and it often involves presenting valid evidence to ...ReadMore
Interim maintenance
My friend and wife separated for 3 year. He plan to file rcr. He is working in abroad. He is earning 1.2 lakhs per month. Wife with 2 kids(2&4years).if he go court, how much he needs to pay interim ma
2 months ago
A. Dear Client,
Under Section 13(1)(ib) of the Hindu Marriage Act, a spouse deserted for two continuous years can file a divorce petition. If a wife successfully files for divorce on desertion grounds, the husband typically bears the financial responsibility. Alimony, whether monthly or as a lump sum, lacks a fixed rule but can be one-fifth or one-third of the spouse's net worth. The Supreme Court suggests 25% of the husband's monthly earnings for monthly alimony. For child custody, if under 5, i ...ReadMore
Can own deserted wife eligible for maintenance
Hi All... Can deserted wife without any reason and cruel wife eligible to get interim and permanent maintenance and permanent alimony from husband. How maintenance case transfer from one district to
2 months ago
A. Dear client,
Regarding the maintenance claim by a deserted wife, it is a discretionary matter of the court. There are several ruling wherein the wife living separately has received maintenance. It will completely depend on upon the facts and circumstances of the case. Most importantly how much the the Honourable court is satisfied.
For the transfer of a maintenance case-
Section 223 of the Code of Civil Procedure contains the substantive provision that empowers the Civil Court to transfer a law ...ReadMore
Property settlement- divorce
Good evening…. Quick question: is a fixed deposit that matured 9 months before divorce a matrimonial asset. There is NO evidence that it exists at the date of divorce or even the date of property c
2 months ago
A. Dear client,
Kindly mention your question. And clarify what exactly is your query?
I need more details regarding you divorce such as whether it is completed or not ? If not then what stage it is in ?
As a wife, she has equal rights over all the assets and properties you own and she can claim the same. You need to prove that either you don’t own them or you have so much liabilities that you can not give her all those. Rest is courts discretion.
Thanks and Regards
Can I live with my partner
Im 28 yrs old and I'm married with one boy child he is 87 yrs old. Me and my husband seperated for 2.5 yrs. Last yr I met one person and we both loving Each other can we live together without getting
3 months ago
A. Dear Sir,
You cannot continue immoral relationship for long time however it is fine for short term and it should not be known to many persons.
A. Dear Client
You are suggested to post your complete facts of the case basis which an answer can be provided whether you can get the divorce or not.
Contested divorce
My Sister was married 1 year and 8 months ago. Her husband has an affair with another women from before marriage and till it continues. After 9 months one fine day he said about his affair with that g
3 months ago
A. Dear client,
You can file a divorce on the ground of adultery. Though adultery is no more a punishable crime. You need to add more grounds to your divorce like mental harassment, torture. You can also file a 498A against your husband. You should also claim maintenance from him. It is very difficult to determine the timing of the decision of a contested divorce as it varies from case to case. It it might take 2 to 3 years or maybe finished prior to that. Hence, it is advised to consult an advoc ...ReadMore
Want to apply for Annulment of my marriage
I married on nov 15th 2023, I got married to the Christian,with the Christian traditional,but my marriage was happened by the cruelly slapping by mom's brother and forcefully made me to marry & iam in
4 months ago
A. Dear client,
Was your marriage registered? If yes then under which act it was registered? Kindly mention.
You can only get annulment if you got married within last 1 year. If one year is passed then you are not eligible for filing annulment. Then you have to file contested divorce against your husband. You have all the ground to file for divorce.
