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March 18, 2025 at 6:02 am in reply to: 21M CHILD OF SINGLE MOM | HEAROUT MY PARENTS DIVORCE CASE #33019PProrider4116
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March 18, 2025 at 6:02 amThanks for sharing. Yes, children are the ones who carry the burden of parents’ conflicts. Through this story others can take few advices;– Choose the lawyer who covers all the aspects of your life in terms of property division, liabilities, child support, custody, etc. An experienced family law lawyer who deals with these cases can have a holistic approach. We do hear stories from our clients who have gone to newbie lawyers who would promise to get the case done in 1/10th of the fees and then entangle them in deep legal battles. So beware when you choose a lawyer even if it is a Mutual Consent Divorce.
– One need to make sure all the financial aspects are clear when the divorce is finalized. One cannot have a joint account still operational, OPs Mom had to close her joint account before she was separated legally. [https://divorcebylaw.com/how-to-protect-your-business-during-divorce/](https://divorcebylaw.com/how-to-protect-your-business-during-divorce/)
– The spouses who are involved in extra marital affairs are generally cheaters in all aspects. There could be some exceptions. You cannot trust them to do something in future, like paying monthly maintenance forever or for few years down the line. You have to ask them pay the alimony instantly or transfer some asset before the divorce is finalized.
– Whenever the spouse is caught cheating on the other, the other (after confirming the cheating) has to proceed with the divorce immediately. Otherwise the adulterer after awhile, plays the victim card and portrays the other spouse being responsible for his/ her adultery. The other spouse starts feeling guilty and will lose the upper hand in claiming what she/ he deserve.
Disclaimer: This is not a legal advice pertaining to any particular case, rather a general advice. For any specific case, one need to consult an advocate to get better and specific advice.
PProrider4116
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March 17, 2025 at 7:21 am1. If he doesn’t want to end the marriage, he can file a petition for Restitution of Conjugal Rights where he will be asking her to come back to his company. This also will involve mediation where he can ask her (only her, not her family) the things that she is expecting from him to continue with the marriage. 1.5 years is a very short time (especially if they are surrounded by family members) to understand each other. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)2. If there is no chance of reconciliation or wife is not willing to take part in reconciliation process, let him take the chance given to him and get divorced. Otherwise he may regret later. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
For further clarification contact us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**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.
March 17, 2025 at 6:48 am in reply to: Help with a 5 year marriage case!! We need legal advice. #34455PProrider4116
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March 17, 2025 at 6:48 am1. your uncle can file Restitution of Conjugal Rights case on her asking her to get back to him. Through this he can safeguard himself, if later she claims maintenance legally. [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)2. If she doesn’t respond or refuses, he can file a child custody case. He will not get custody of the child as the child is below 5 years of age and needs mother more than the father. There he can ask for visitation rights and insist that child support will be given only if the visitation is allowed. [https://divorcebylaw.com/child-custody/](https://divorcebylaw.com/child-custody/)
[https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/](https://divorcebylaw.com/understanding-child-custody-types-rights-and-responsibilities/)
For further clarification contact us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**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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March 17, 2025 at 6:25 amHow long she’s been married? Has she tried reconciliation? Have they tried living separately from in-laws?1. She can take the help of a counsellor, if the marriage is very short and try living separately with her husband alone to see if she can work on her marriage. The spoken words can be forgiven and forgotten.
2. If that is not possible for her, let her find a job and move out of the house. Then she can file for divorce on the grounds of cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. She can also file for Domestic Violence case against her in-laws stating that she has been asked to leave the matrimonial house. In this case she can ask for shelter and protection along with maintenance and counselling. This is not a criminal case, if filed in the court seeking civil remedies. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
4. If they forcefully push her out of the house, she can go to the police station straight away and file a case of Domestic Violence. She can see the help of Police to get back to the house or protection.
5. If she moves out of the house due to constant taunting and force by the husband or in laws, she can also file for Restitution of Conjugal rights asking for her husband to accept her back, (Only if she wants to save the marriage) [https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
For further clarification contact us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**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.
March 17, 2025 at 6:13 am in reply to: In a divorce, what evidences of adultery are considered the strongest? #34306PProrider4116
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March 17, 2025 at 6:13 amWhatsApp chat exportedPhotographs – in social media, from the phone
Videos, CCTV footage
Travel details- financial transactions or emails
Hotel booking – financial transactions or emails
Messages sent you accepting the adultery
All these are circumstantial evidences which prove that there is an illicit sexual relationship between 2 people. They need not be about the act of adultery directly.
PProrider4116
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March 17, 2025 at 6:07 am1. Indian laws are still applicable to you, if you or your wife wishes to get divorced in India. This is because you got married in India and it looks like you still have Indian citizenship/ Passport. However it is up to you, if the country where you live in allows you to get divorced there.2. If you are doing so, make sure your wife also has representation and she also participates in the proceedings. Some of the countries, straight away divide the assets into half i.e. 50% after considering couple’s assets. Before you proceed check for these.
3. In India there is no straight jacket formula to divide assets. Here the courts take into account the assets and liabilities of both the parties and orders accordingly. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
4. If your wife is willing to go for a Mutual Divorce, you both need to finalize the terms and conditions of divorce by yourselves. The living conditions of both ought not to be deteriorated due to divorce. It is advisable that you both have a healthy discussion on how you are planning to move ahead. E.g. If wife has to move out of the house, she may need financial assistance to find a new accommodation with all the essentials. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)
5. While Mutual Divorce is an easy way out, contested divorce could be applied for when you & your wife unable come to consensus. But you need to find a ground based on which you have to file the case. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification please consult us [https://g.co/kgs/9FCZdj3](https://g.co/kgs/9FCZdj3)
**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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March 16, 2025 at 6:20 amIf you are apprehending anyone filing a case on a particular issue, approach a lawyer and identify which court may have the jurisdiction. Then you can file a caveat.If it is a criminal case and there may be a FIR filed or you apprehending arrest, then you can file for an anticipatory bail.
March 16, 2025 at 6:02 am in reply to: Need Legal Advice: Can We Still File an FIR After 25+ Days? #35255PProrider4116
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March 16, 2025 at 6:02 amYes, you can still file FIRPProrider4116
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March 16, 2025 at 4:36 am1. Challenge the interim order. If you feel that your lawyer has played mischief, take NOC from him and find another efficient family law lawyer near you.2. It is only an Interim Order, you still have the time to submit your documents before the final order is given. But you must challenge that order to prove that you cannot afford to pay 65% of your earnings. Otherwise the same will be ordered in the final order.
[https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
For further clarification contact us [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**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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March 16, 2025 at 4:29 am1. If he has any proof to show that she was suffering from mental health issues, let him collect it. Doctor’s prescription or her appointment details, etc. He can speak to her parents convincingly and visit them to collect the information and evidence. He has to use some smooth talking to get the work done. Let him not get overwhelmed with the thoughts of not continuing the marriage. If the issue is solvable, let him take a call.2. If he is still not willing to continue with the marriage, he can file a contested divorce case on the grounds of cruelty – fraudulent concealment of the mental health issue, her behaviour towards him and her parents not allowing him to speak to her can all be put under mental cruelty which is emotionally draining him. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
3. He may face the challenges of them filing criminal cases against him, for which he needs these details of her illness and the period that she is not living with him, call recordings where they are not allowing him to speak to her, etc. Let him be mentally prepared to fight the cases.
For further clarification contact us [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**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.
March 16, 2025 at 3:59 am in reply to: Wife forced to transfer her entire salary to husband’s account every month #35975PProrider4116
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March 16, 2025 at 3:59 am1. She can record these statements made by the in laws – all incriminating for dowry demand. Forcing to transfer the entire salary is also a kind of Dowry Demand. She can file a Dowry Harassment case on them right now. But only if she is willing to let go of the marriage. Because once you file the criminal cases, it is very difficult the reconcile and live as a family. [https://divorcebylaw.com/dowry/](https://divorcebylaw.com/dowry/)2. alternatively she can file a Domestic Violence Case and ask for civil remedies such as counseling for her husband and in laws. It will be a mediation process where an independent mediator would talk to them and make them understand whatever they do amounts to domestic violence and it is against the law. [https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/](https://divorcebylaw.com/domestic-violence-lawyer-in-bangalore-india/)
3. Unfortunately, it is difficult change the stripes of the zebra. If she feels that the family is toxic, husband is unloving and if she wants a better home for her daughter, she can file for a contested divorce on the grounds of cruelty. [https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/](https://divorcebylaw.com/best-contested-divorce-lawyers-in-bangalore/)
For further clarification please contact us [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**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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March 16, 2025 at 3:48 amIf she is asking for Mutual Divorce, ask her to return the key or to go to the bank locker along with you to remove the items and then only you will sign the joint petition for Mutual Consent Divorce. In case of Mutual Divorce, both have to agree with the terms and conditions of separation. [https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/](https://divorcebylaw.com/mutual-divorce-lawyer-in-bengaluru/)If she is asking for Mutual Consent Divorce, it is an easy way out. So, you may have to go little cautiously without letting the situation to get escalated. Coax her to come to the bank locker rather fighting with her.
For further clarification contact us [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**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.
March 16, 2025 at 3:41 am in reply to: Received legal notice from husband for re establishment of marriage rights #35349PProrider4116
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March 16, 2025 at 3:41 amThe local lawyer himself can coordinate with a lawyer in Bhopal. In whatever the case be, do take part in the proceedingsMarch 15, 2025 at 8:44 am in reply to: Received legal notice from husband for re establishment of marriage rights #35328PProrider4116
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March 15, 2025 at 8:44 am1. attend the court hearing on the said date and ask for time (take a long date) even if you are unable to find a lawyer by then.[https://divorcebylaw.com/restitution-of-conjugal-rights/](https://divorcebylaw.com/restitution-of-conjugal-rights/)
2. If you find a lawyer by then, the same thing you have to do. ask for a long date.
3. Meanwhile you can apply for transfer of case. If in case it is inter-state, then a Supreme Court lawyer would help. You can transfer the case wherever you are residing.
4. You hire a lawyer from the place wherever you are right now, the lawyer will have contacts in Bhopal, who can help in getting a longer date until you ger the transfer done. The same lawyer that you’ve hired from your place can also coordinate with a Supreme Court lawyer and work on the transfer of case.
5. If you do not want to do all this, find a lawyer in Bhopal and put forth your concerns to the court that you do not want to get divorced. at the same time you have difficulty in moving to Bhopal because of the support you need to take care of your son.
6. You can seek maintenance through the court since he has stopped paying any amount. [https://divorcebylaw.com/maintenance/](https://divorcebylaw.com/maintenance/)
7. For further clarification contact us. [https://g.co/kgs/pQ8xiDi](https://g.co/kgs/pQ8xiDi)
**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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March 13, 2025 at 7:44 amOr write an anonymous letter stating that you have heard the harsh words used or witnessed the punishments on so and so dates. Explain why toxic and narcissistic parenting is not good for the children. Take help of a good book/ internet resource where they explain the downside of punitive actions of parents. OR Expand on the following points– Children only listens to them to avoid punishment rather doing things out of respect
– Building a bond/ relationship with the kids is more important rather building up emotional baggage.
– If anything happens to them tomorrow and when they are not around later in his life, he will not be able to do anything on his own. Not all the toppers are successful in lives/ relationships.
– Guide them to develop a loving relationship with their child by appreciating efforts put by him rather the end results. If the child has put efforts that MUST be appreciated. He will continue to put efforts in the same way or he will put more efforts. If they are only focusing on the OUTCOME, he may fail to put efforts and may not even perform well in his board exams when he has to.
– Tell them to thank the universe for giving them a child (so many don’t have and are wishing for one), for giving them a brilliant child (not everyone is as brilliant as he is) and for giving them a loving child (He is not complaining this to anyone).
– Make them understand that they are punishing him only because he is keeping quiet. He is keeping quiet because he is a loving child and he has no one else to go to. But when he gets a chance, he will run away from them and will never turn back.
– Getting a seat in IIT doesn’t determine his success. The success is being happy and having a good relationship with his family, friends and other social circles. Being happy is being in an equilibrium with everything around him.
– Ask them to encourage him to have a hobby or an extra curricular activity at least for 2 hours a week. This would definitely help him to activate his brain more efficiently.
– Ask them why aren’t they earning as much as Ambani? Why aren’t they the PM of India? Why didn’t they get 100% in their board exam?
– At the end give a slight threat that you may have seek help from child helpline if you hear them doing this in the future.
There are wonderful parenting coaches now in India. You as a teacher also can go through their contents or courses that are freely available to have an idea about what parenting is.
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