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February 8, 2025 at 6:07 pm in reply to: [42F] I’m a housewife. I don’t have any kind of income and my parents aren’t economically stable either. My son is 23 and doesn’t earn. My husband is involved with many affairs. He already married someone few years ago and left her, she tried to find him and contacted me. Read body. #59881PProrider4116
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February 8, 2025 at 6:07 pmIf you want divorce – file a contested divorce on the grounds of cruelty and adultery. In the same case you can ask for maintenance. For your son until he secures a job, he can also ask for financial support.If you have the proof that he has married someone else when the marriage with you is still existing, it amounts to bigamy. If he gets convicted in bigamy, it will costs his Government job.
Collect the evidence for his infidelity, physical violence and others, if any. Whenever he physically hurts you, go to the hospital and register a Medico Legal Case.
To understand further about contested divorce read here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
To clarify your doubts further contact us [https://g.co/kgs/bduhV67](https://g.co/kgs/bduhV67)
**Disclaimer:** Without understanding all the facts of the case, the advice given here may not be the best. It is advised to consult an advocate to get better remedy for the issues at hand.
PProrider4116
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February 8, 2025 at 5:59 pmAssuming that your friend only needs financial support not divorce from her husband, she can file for Maintenance under BNSS 144 (Earlier CrPC 125). This provision states that if a husband fails maintain his wife despite having means, wife can seek financial support from him.To understand further read here [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
If you need further clarification on this, contact us
[https://g.co/kgs/bduhV67](https://g.co/kgs/bduhV67)Disclaimer: Without understanding all the facts of the case, the advice given here may not be the best. It is advised to consult an advocate to get better remedy for the issues at hand.
February 4, 2025 at 7:43 am in reply to: Can you have a legal pre-nup with Special Marriage Act #60757PProrider4116
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February 4, 2025 at 7:43 amIf you are having thoughts that your marriage is not going to last long, don’t get married or take some more time to think over that.Pre nuptial agreements are not valid agreements under law as of now. You may have to go through a legal battle to get one, which may put stress upon your relationship.
If your domicile is Goa, you may get married under that code. One cannot get married in goa without having valid residential proofs.
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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February 4, 2025 at 7:25 amDoes your settlement agreement state that all the cases are withdrawn or will be withdrawn within a certain time period? If you have already stated that all the issues are settled and signed the agreement, you cannot go for an execution petition. However, the clauses in the settlement agreement may have to be looked into see if there is any loophole.Ideally you should have closed all the lose ends before closing the divorce case. Your advocate should have been on this and had advised you in the right direction.
Hence, it is very important to engage an advocate who works with integrity and has profound knowledge in the field and practices.
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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February 3, 2025 at 8:58 amNot quite clear on what is your query. The marriage registered under HMA is still valid. It does not change the marital status of the parties even if one or both of them change the citizenship. In future, if the couple decide to go for divorce, they can seek the remedy through Indian Court if either one of them still an Indian citizen or has/ have OCI card.For further clarification contact us [https://g.co/kgs/7J8iHBr](https://g.co/kgs/7J8iHBr)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 31, 2025 at 5:40 amThe court follows procedure as per Civil Procedure Code to serve notices. If the person is not found in the residential address, you can give office address, his email ID, WhatsApp number. If all these fail then newspaper publication. you have to keep pursuing until it is done.If husband doesn’t show up even after receiving notice or newspaper publication, the court will give an ex parte order.
For further clarification, contact us [https://g.co/kgs/AynYkFb](https://g.co/kgs/AynYkFb)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 31, 2025 at 5:25 am1. Yes, you can file only for maintenance without seeking divorce. File an application under BNSS 144. Read more here [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)For further clarification contact us [https://g.co/kgs/AynYkFb](https://g.co/kgs/AynYkFb)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 31, 2025 at 5:21 am1. You can file for divorce on the grounds of cruelty and adultery. Mention all the financial distress that you are going through. If you have her address it is easier to serve notice and saves time. The procedure is as follows [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)2. Even if she asks for alimony or maintenance, it is compulsory to show the assets and liabilities of both the parties. If you are broke, you don’t have to worry about paying her anything.
3. Gather some evidence for her cheating incidents – prior and now.
4. There is more to life than this. Don’t get wrong things in your head. Life is beautiful and you get to live only once, so make best use of it. End this chapter and move on in life. Get yourself some counselling.
For further clarifications, if any contact us [https://g.co/kgs/AynYkFb](https://g.co/kgs/AynYkFb)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 31, 2025 at 5:12 am1. First of all, be prepared to fight without breaking down. I hope you have already got bail. If not, apply for it and get one.2. You can go for quashing. You can also see if they are ready to compromise and settle the differences amicably. Ask her to withdraw the case on Criminal Intimidation. This may save a lot of stress and pain of going through all this. You may have to forego of getting back together, as criminal cases are filed against. You cannot establish the marital ties again.
3. When it comes to alimony, only if your wife and her parents have spent for the marriage solely, pay back up to 50% OR given you any kind of gifts or cash, return it. Otherwise if it is a short duration of being married, be firm on either paying a small amount as alimony or nothing. Suggesting this so that you can come out of the situation faster.
Suggestions are directed towards ending the legal battle swiftly.
For further clarification, contact us [https://g.co/kgs/AynYkFb](https://g.co/kgs/AynYkFb)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
January 29, 2025 at 9:17 am in reply to: Property share between Husband and Wife after or during Divorce and its legal procedures #65492PProrider4116
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January 29, 2025 at 9:17 am1. If you are going through a mutual divorce, both the husband and wife have to decide how the assets can be distributed between them. The same will be ordered by the court, if found just and right. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)2. if she is not willing to file a mutual divorce, and proceeds with contested divorce and demands for share in the property, both the spouses are asked to declare their assets and liabilities through an affidavit. Only after perusal of these facts, the court takes a decision on amount of alimony and maintenance. To understand further read here [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For further clarification contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 29, 2025 at 8:38 amIf you are going through a divorce, do not think about having a child together. Every child needs a stable and happy home to live and to grow. Talk to your wife and make her understand that ultimately that you have to think from the perspective of the child, who needs both the parents. You withdraw your consent or don’t give consent, if she still insists.**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 29, 2025 at 8:04 amHer actions amount to cruelty. As a matrimonial remedy you can file a contested divorce on the grounds of cruelty. Make sure your petition is strong enough to prevent her from filing false DV or Dowry cases. Even then she may file, which you need to counter strongly. Hiring a competent advocate makes a big difference. The procedure involved in contested divorce is as mentioned here [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)During mediation if she insists to get back to you, you also insist upon getting a medical report on her mental health.
For further clarifications, contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
January 29, 2025 at 7:51 am in reply to: Need advice for the divorce of my Mum & Dad in Mumbai #64944PProrider4116
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January 29, 2025 at 7:51 amFor cruelty – medical report post injury, Medico Legal Case filed through the hospital, photographs will be used as evidence in matrimonial cases. Only in criminal cases, witnesses can be called in to prove.By any chance your father causes physical harm, go to a hospital and ask them to register it as Medico Legal Case, from there the police will be intimated.
Your mother can also file a case under Domestic Violence Act, where she can ask to continue to stay in the matrimonial house. Read the details here [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
Alternatively you can contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:**Β In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
PProrider4116
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January 28, 2025 at 9:18 amYou need to reply to the legal notice through a lawyer. For further clarification contact us, [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
January 28, 2025 at 8:30 am in reply to: Need advice for the divorce of my Mum & Dad in Mumbai #64938PProrider4116
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January 28, 2025 at 8:30 am1. What is the outcome of reporting to the police? Have they advised him or FIR is registered? If no FIR registered, next time if it ever happens ask them to register FIR.2. Your mom can file a divorce on the grounds of cruelty. If she wants to add adultery also as the ground, the name of the woman and some evidence is needed. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. First let her sort out the finances. If she is earning enough to sustain, it is well and good. If she isn’t earning enough to sustain, she has to ask for maintenance as well. She may have to move out of the house or may have to ask for residential orders through the court. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For further clarifications, contact us [https://g.co/kgs/y1mdG5V](https://g.co/kgs/y1mdG5V)
**Disclaimer:** In the absence of all the facts of the case, the comments given may not be the best solution for your case. One on one consultation with a legal counsel/ advocate is advised to get better guidance.
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