Urbanranjan8949

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  • in reply to: Friend’s marriage in trouble please advise! #74924
    Urbanranjan8949
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      Urbanranjan8949
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      January 13, 2025 at 6:58 pm
      The girl wants a mutual divorce. Ask your friend to write an agreement that he does not owe her any alimony and give her a divorce. When a woman wants a divorce, she will be given- one way or another. This would avoid any 498a or any other proceedings to the guy’s family.

      in reply to: Advice on missing and divorce case #75099
      Urbanranjan8949
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        Urbanranjan8949
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        January 13, 2025 at 3:07 pm
        1. You can take divorce on basis of abandonment. But it has to be 2 years.
        2. Alimony is based on differences in earning. Generally speaking, there’s not much difference between the two salaries provided the assets are not on either name.
        3. As long as X is alive, X can not ask Y’s parents. She needs to show his death certificate.
        4. Wife can not claim his ancestral properties as she has no share in it as long as Y is alive. If Y dies with a will, the will dictates. If Y dies without a will, then she can claim.

        in reply to: Potential trouble in marriage #75945
        Urbanranjan8949
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          Urbanranjan8949
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          January 13, 2025 at 5:59 am
          Move out to a cheap apartment with the wife immediately that way she can not claim your parents house as matrimonial house. If she goes to get maintenance, you can pay the cheap apartment rent and safeguard your parents.

          As for alimony calculation, generally courts do not consider ancestral properties unless they’re on your name. You being a co-owner, needs to transfer that ownership to your parents. It becomes their self acquired property and no one can touch it.

          Alimony calculation is generally 20% of Husband’s net worth. If you’re a high earning individual (like abroad), I’ve seen them do 60% of 5 years salary for short divorces assuming no assets. But if you have super high net worth, the court has also calculated maintenance per month and multiplied by 40 years. This is a recent judgement where the husband had 5000 cr.

          in reply to: Difference between annulment and divorce? #75532
          Urbanranjan8949
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            U
            Urbanranjan8949
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            January 13, 2025 at 5:34 am
            That’s stupid. Women have an equal right to sex as men. Did she ask him if he is straight? Indian men and women
            Need sensitivity education. Not saying your friend is wrong, but general trend.

            I expected the vagina to be cleaned after a period at the minimum. But you’re right, I don’t know this, because I don’t deal with it.

            Also, it’s almost impossible to prove physical impotence unless there’s an injury that broke something.

            in reply to: Difference between annulment and divorce? #75521
            Urbanranjan8949
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              Urbanranjan8949
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              January 13, 2025 at 5:26 am
              I’m genuinely curious how you prove a woman as a virgin? Not to be crude, but end of the day it’s a hole and was probably penetrated to wash yourself at the least. The only way you can prove non-consummation is impotence of the husband.

              in reply to: Difference between annulment and divorce? #75536
              Urbanranjan8949
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                Urbanranjan8949
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                January 13, 2025 at 5:18 am
                Yeah. Husband can sign. Or both need to say marriage was not consummated. Of she wants to say husband is impotent, then get with your lawyer.

                If the marriage was consummated you can not go for annulment.

                in reply to: Difference between annulment and divorce? #75525
                Urbanranjan8949
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                  Urbanranjan8949
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                  January 13, 2025 at 5:02 am
                  Annulment: marriage never happened legally. Friend can not file maintenance or alimony…etc. can file a cheating case probably.
                  Divorce: marriage happened. You separated. You can file maintenance, alimony, and 498a/DV.

                  498a/DV are misused. Ask friend to refrain from it.

                  Urbanranjan8949
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                    U
                    Urbanranjan8949
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                    January 12, 2025 at 8:13 pm
                    Legally speaking he cannot get married for about 90 days after divorce. 90 maybe not accurate- but there is a certain number of days. You can read the law or ask a lawyer.

                    NAL

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