is India Non Judicial e-Stamp divorce legally valid
Hi, i want to know as per Indian Law for Hindu, is India Non Judicial e-Stamp divorce legally valid? it is mutually signed and agreed by both husband and wife. Description of document is - Article 27
2 weeks ago
A. Dear Client,
A divorce is not legally valid and enforceable under the law until a competent Court of law passes a decree of divorce, nullifying the marriage. This applies to all forms of divorce, including mutual consent divorce.
Regarding reply to rcr
I have hired advocate how can I know whether he had send the reply to the court notice or not as ecourt is showing awaiting report
2 weeks ago
A. Dear Client,
As a involved party, you can directly visit the relevant court and file a petition, requesting access to the case file for updates on its status. This enables you to take appropriate actions based on the proceedings.
Marital property rights in Div
I am a 46 yr old Bengali Hindu man, married in 2005. my wife has been a housewife. in 2015 I purchased a flat in Pune in her name but being the only earning member I paid for it from my savings as wel
2 weeks ago
A. Dear Client,
When a Hindu husband purchases property in the name of his homemaker wife without an independent income, it can be presumed to be family property. This presumption is supported by Section 114 of the Indian Evidence Act, which considers such transactions in the common course of events.
Under Section 13(1)(i) of the Hindu Marriage Act and Section 27(1)(a) of the Special Marriage Act, extramarital affairs or adultery can be grounds for divorce. If proven, the court may grant relief ...ReadMore
Divorce - I have been married since 15 years
I have been married since 15 years, I have 13 year old son , raising him alone ,from last 4 years, husband not giving any money . I want divorce from my husband. How do I get my right in property/set
2 weeks ago
A. Dear Client,
Section 13(1) of the Hindu Marriage Act outlines various grounds for divorce, including cruelty, adultery, desertion, mental illness, etc. Desertion, as per Section 13(1)(ib), allows either spouse to file for divorce if one has deserted the other for two continuous years. Contested divorce, initiated by one spouse when the other disagrees, can be time-consuming and costly compared to mutual divorce. In such cases, filing a one-sided petition for divorce is an option. Typically, if ...ReadMore
Conjugal Rights
I have applied for divorce and it is running into 4 year. Now I have changed my mind to reunion considering welfare. May I know the process of filling reunion petition. Do I need to withdraw my divorc
2 weeks ago
A. Dear Client,
For a petition under Section 9 of the Hindu Marriage Act seeking restitution of conjugal rights to be considered by the court, the original divorce and child custody petitions must be withdrawn and dismissed. Section 9 allows either spouse to petition for the restitution of conjugal rights if one has been deserted without reasonable cause. Even after initiating mutual divorce proceedings, a spouse can withdraw consent and express a desire to reconcile, potentially withdrawing both ...ReadMore
Summon
My friend has received a summon from her husband accusing her of having an affair with me. My name is mentioned in the summon. Do I need to be worried. I don't live in India.
3 weeks ago
A. Dear Client,
Extramarital affairs, once criminalized under the Indian Penal Code, were decriminalized by a Supreme Court judgment on September 27th, 2018. Although adultery is no longer a criminal offense, it can still be grounds for divorce under Section 13(1)(i) of the Hindu Marriage Act. In such cases, the husband of a married woman can involve a third party in the divorce proceedings, but the wife will not be punished as a partner in the act.
My wife wants to get divorced
My wife wants to get divorced stating I am impotent. We never had sex in our two years of marriage. At the first night when I tried penetration, we failed. Even we tried for four months. Later I was a
3 weeks ago
A. Dear Client,
Under Section 12(1)(a) of the Hindu Marriage Act, 1955, non-consummation due to impotency of either spouse renders a marriage voidable. However, proof of impotency is crucial, usually established through medical examination. Consummation, though not legally required, can affect the legal status of the marriage. If one spouse is incapable of intercourse, unknown at the time of marriage, the marriage may be eligible for annulment. Section 24 of the Special Marriage Act, 1954 allows ...ReadMore
Stridhan during divorce process from US
Hi - I was married in India in 2016 and have been living in US from more than 5 years now. I am going through the divorce process filed in the US. My laws and my ex husband are giving me hard time in
3 weeks ago
A. Dear Client,
If your in-laws refuse to return the jewelry gifted to you at the time of marriage (Streedhan), filing a police complaint under Section 406 of the Indian Penal Code is a viable option. You need to file the case in India, where your in-laws reside, providing bills for the jewelry and details of the bank account where the jewelry is kept. If you're abroad, you can execute a Power of Attorney in favor of someone to handle the case on your behalf in court.
Issue with time of birth in Marriage
Hi Sir, I wanted to know what legal actions are groom's family entitled to if the wrong time of birth of the bride was shared to the grooms family at the time of marriage ?
4 weeks ago
A. Dear Client,
Section 12 of the Hindu Marriage Act, 1955, pertains to voidable marriages, which are considered legitimate until one partner violates the prerequisites for marriage legality. In such marriages, both parties retain the rights and duties of marriage until a court dissolves the marriage through a decree. A marriage is deemed voidable if consent is obtained through force or fraud, where force can be physical or through threat, while fraud can include misrepresentation of age or conce ...ReadMore
Please provide legal advice on below
What is contested Divorce? What happens if we didn’t accept for the divorce ? Can the opposite person will get without out acceptance ? Can they marry to some other person without i am accepting ? B
4 weeks ago
A. Dear Client,
Section 13(1) of the Hindu Marriage Act, 1955 outlines various grounds for divorce, including cruelty, adultery, desertion, and others. When reconciliation isn't possible and mutual divorce isn't feasible, either party can file a contested divorce petition in Family Court or District Court. Contested divorce proceedings are often more costly and time-consuming. The complexity of grounds for one-sided divorce highlights the importance of seeking legal counsel from a skilled divorce ...ReadMore