Thursday 15 September 2011

Judgements of Divorce & Blogs in India

Blogs

Contact Divorce Lawyers of Delhi

Divorce Lawyers in Delhi (India)
306, Laxman Palace, ,
Veer Sawarkar Block,
Vikas Marg, Shakarpur
Delhi-100092
Tel. + 91-11-22022079
Ph. +91-9811645002
Fax + 91 – 11-22022081
Email: attorney.prachi@yahoo.com
Website: www.divorcelawyersindelhi.com

Maintenance in Divorce case in India

Maintenance in divorce case

Maintenance in Divorce case:

Maintenance pendente lite and expenses of proceedings:-

Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioner’s own income and the income of the respondent, it may seem to the Court to be reasonable.25. Permanent alimony and maintenance:- (1) Any court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for the purposes by either the wife or the husband, as the case may be, order that the respondent shall pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property of the applicant, the conduct of the parties and other circumstances of the case, it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may at the instance of either party, vary, modify or rescind any such order in such manner as the court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made under this Section has re-married or, if such party is the wife, that she has not remained chaste or if such party is the husband, that he has had sexual intercourse with any woman outside wedlock, it may at the instance of the other party vary, modify or rescind any such order in

such manner as the court may deem just.

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Email: info @divorce-lawyers-india.com

Call : +91-9999318690

Filed under divorce alimony in india, maintenance in divorce case, sec.24/25 hma, section 24 hindu marriage act 1955, spousal maintenance in india, spouse maintenance in divorce in india, wife + child maintenance law in india

Tagged as maintenance in divorce case in india, section 24 Hindu marriage Act, whether wife can claim maintenance in divorce case

Annulment/Nullity Of marriage in india

Annulment /Nullity of Marriage in India

Nullity of marriage and divorce:

Void marriages Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5. 12. Voidable.

Marriages.-(1) Any marriage solemnized, whether before or after the

commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-

(a) that the marriage has not been consummated owing to the impotency of the respondent; or

(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or

(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

(2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-

(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-

(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or

(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-

(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and

(iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the said ground.

Right of property after divorce: Disposal of property.-In any proceeding under this Act, the Court may make such provisions in the decree as it deems just and proper with respect to any property presented at or about the time of marriage, which may belong jointly to both the husband and the

wife.

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Email: info@divorce-lawyers-india.com

Call : +91-9999318690

Filed under annulment of marriage law india, Nullity of Marriage

Tagged as annulment of marriage laws in india, Annulment of Marriage under Hindu Marriage Act, Divorce+annulment Law in India, Nullity of Marriage laws in India

Restitution of Conjugal Rights of Marriage

RESTITUTION OF CONJUGAL RIGHTS OF MARRIAGE

What the law says:-

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply,

by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.Explanation:- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society.

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Email: info@divorce-lawyers-india.com

Call : +91-9999318690

Filed under hindu marriage conjugal rights for wife, marriage conjugal rights in india, restitution of conjugal right of marriage law in india, restitution of conjugal rights of marriage, section 9 hindu marriage act

Tagged as restitution of conjugal right, restitution of marriage conjugal rights in india, sec.9 Hindu marriage act 1955

Mutual Consent Divorce in India

Mutual Divorce in India

Mutual Divorce Law in India(Hindu Marriage Act 1955)

What the law says for divorce by mutual consent:

13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

http://divorce-lawyers-india.com

Email: info@divorce-lawyers-india.com

Call : 9999318690