हिन्दू विवाह अधिनियम की धारा 13बी के तहत आपसी सहमति से तलाक के लिए एक वर्ष का पृथक्करण आवश्यक है। कानूनन अलग रहने का अर्थ केवल अलग निवास नहीं, बल्कि वैवाहिक संबंधों का पूर्णतः खत्म होना है। यदि एक ही छत के नीचे रहते हुए भी दाम्पत्य जीवन समाप्त हो चुका है, तो आपसी सहमति से तलाक का वाद दाखिल किया जा सकता है।
Family Law
Wife calling me impotent in front of the family members
This article explains the legal remedies available when a wife repeatedly humiliates her husband by calling him impotent before family members. It discusses how such allegations, particularly when false or defamatory, may amount to mental cruelty under matrimonial law and can constitute valid grounds for divorce and other legal action.
Uncompromising conduct of wife is cruelty against husband
This legal guidance explains that persistent refusal by a wife to adjust with the husband’s family, compelling him to live separately, and maintaining an uncompromising attitude may amount to mental cruelty under matrimonial law. Such conduct can constitute a valid ground for seeking divorce before the competent Family Court.
Husband file divorce case on the ground of mental cruelty abusing and beating
This legal guidance explains that repeated abusive behaviour, physical assault, humiliation, and false allegations by a spouse may constitute mental cruelty under matrimonial law. A husband facing such conduct can seek divorce before the Family Court by proving continuous cruelty, harassment, and breakdown of matrimonial relations.
Bride is mentally challenged and this fact was not disclosed to us prior to the marriage
This legal guidance explains the remedies available where the bride was suffering from mental illness or unsoundness of mind prior to marriage and such material fact was concealed from the groom’s family. It discusses annulment of marriage, divorce proceedings, allegations of fraud, and the legal rights available under matrimonial laws.
Childless old lady can seek maintenance
This legal guidance explains that a childless elderly woman who is unable to maintain herself may claim maintenance from relatives legally bound to support her. It discusses remedies under the Maintenance and Welfare of Parents and Senior Citizens Act, personal laws, and the legal rights available to senior citizens for financial support and protection.
Remedy against order passed under Section 29 Domestic Violence Act
This article discusses the legal remedies available against an appellate order passed under Section 29 of the Protection of Women from Domestic Violence Act, 2005. It examines the maintainability of revision, petition under Section 482 CrPC, or writ jurisdiction before the High Court, along with the scope of interference against interim or final orders passed in domestic violence proceedings.
Enhancement of maintenance after mutual consent divorce
This article discusses whether maintenance can be enhanced even after a decree of divorce by mutual consent. It examines the rights of a spouse to seek enhancement of maintenance on account of changed circumstances, increase in the income of the other party, or insufficiency of the originally agreed amount, along with the scope of proceedings under matrimonial and maintenance laws in India.
Whether revision lies against order in domestic violence
Whether revision lies against order in domestic violence. My wife has filed a case under the domestic violence act for the maintenance, protection order and residential relief. Now the magistrate granted an interim order as five thousand rupees per month. My advocate...
Wife is earning handsomely but the husband has no job in hands
I was earning around 1.5L and my wife is earning around 75K. I lost my job due to the layoffs and trying to search for the same. I put the application in the District court that I have lost my job but they have put up the maintenance of 10K under DV act. To counter...