In many jurisdictions, including India, maintenance (alimony) is not an automatic entitlement upon divorce. It typically depends on various factors, including the grounds on which the divorce is granted and the financial capabilities of both parties. Here’s how divorce on the grounds of desertion may impact maintenance: Grounds of Desertion: Legal Advice: In summary, while […]
Author: solvitlegalandconsultants
On what ground you should file divorce Adultery or Cruelty when wife/husband has extramarital affair?
Deciding whether to file for divorce on grounds of adultery or cruelty when a spouse has had an extramarital affair involves considering several factors, including legal implications and personal circumstances. Here’s a breakdown of each ground and considerations for filing: Adultery: Cruelty: Considerations: Ultimately, the decision to file for divorce on grounds of adultery or […]
What to do when investigating Officer harasses you in 498a case?
When faced with harassment from an investigating officer in a 498A case (related to cruelty against a woman by her husband or relatives), it’s crucial to handle the situation carefully and take appropriate steps to protect your rights. Here’s what you can consider doing: Dealing with harassment from an investigating officer requires a strategic and […]
Whether wife can withdraw from the mutual consent divorce after taking money?
In legal proceedings, particularly in cases of mutual consent divorce, once both parties have agreed to the terms of settlement, including any financial arrangements, and the divorce petition is filed jointly, the situation becomes legally binding to an extent. Here are some key points to consider: In conclusion, while mutual consent divorce offers a faster […]
No eviction of Daughter in law from the House of mother and father in law
In India, the issue of eviction of a daughter-in-law from the house of her parents-in-law is governed by various laws and judicial precedents, primarily focusing on the rights of residence and protection against domestic violence. Here’s a detailed explanation: Legal Framework: Key Points to Consider: Practical Steps: In conclusion, under Indian law, daughters-in-law have legal […]
Cross examination questions you need to ask in false 498a
In a cross-examination related to a false 498A case (which deals with cruelty towards a woman by her husband or his relatives), the goal is typically to challenge the credibility of the prosecution’s witnesses and to bring out inconsistencies or weaknesses in their testimony. Here are some potential cross-examination questions that could be relevant in […]
How court assess standard of living in maintenance cases?
In maintenance cases, especially those related to spousal support or alimony, courts assess the standard of living primarily to determine the amount and duration of maintenance payments. Here’s how courts typically assess the standard of living: In summary, courts assess the standard of living in maintenance cases by examining the lifestyle maintained during the marriage, […]
Can you file a case against wife or her relatives for giving Dowry?
In many countries, including India, the Dowry Prohibition Act of 1961 prohibits the giving or taking of dowry. The act makes it illegal to give or receive dowry in connection with a marriage. Here’s a breakdown of the situation: Legal Context in India: Filing a Complaint: Important Considerations: In summary, under the Dowry Prohibition Act, […]
What is the purpose of DIR in Domestic Violence Case?
In the context of domestic violence cases, “DIR” typically stands for “Domestic Incident Report.” The purpose of a Domestic Incident Report (DIR) is multifaceted and includes several key objectives: Overall, the purpose of a Domestic Incident Report (DIR) in domestic violence cases is to document, respond to, and address incidents of abuse effectively while ensuring […]
How courts give Divorce?
Courts grant divorce based on legal grounds specified in the family law statutes of each jurisdiction. The process typically involves several steps and considerations: Overall, the process of how courts grant divorce varies by jurisdiction and the specifics of each case. It involves careful consideration of legal grounds, evidence, and procedural fairness to ensure that […]