Upgrad LLM

divorce matter


Hello sir/ma'am

My sister got marriage last year in Nov.

But her husband is already in the relationship with another woman . we have solid evidence of it.

1 can we ask for the maintenance from him ?

2 he works outside India and his family in Delhi . can police and court take his Visa till the divorce matter settled?

pls guide me 

 
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Lawyer in Hyderabad.wats app no.9989324294

Under Section 125 of the Code of Criminal Procedure, 1973, the right of maintenance, under the family law in India, extends not only to the wife and dependent children but also to indigent parents and divorced wives. The maintenance claim depends upon the husband's capability to provide sufficient means.she can file for mainteance in family courts at their residence district courts

 

 
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Lawyer

Originally posted by : Ajay Singh bhandari
Hello sir/ma'am

My sister got marriage last year in Nov.

But her husband is already in the relationship with another woman . we have solid evidence of it.


2 he works outside India and his family in Delhi . can police and court take his Visa till the divorce matter settled?

pls guide me 

Q 1 can we ask for the maintenance from him ?

A. Yes, she can seek and shall be granted maintenance, despite the fact here husband is has relation with some other woman.  Maintenance and relationship has no correlation.

Q 2 he works outside India and his family in Delhi . can police and court take his Visa till the divorce matter settled ?

A. No. there is no role / authority of police to impound passport or visa of accused in the absence of specific directions of competent court.

Whether your sister has filed petition for a decree of divorce ? If so, what is the stage of the case ?

It is better to consult the lawyer engaged and paid by your sister for the purpose. 

 
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Hello sir 

Actually he is threatening that he will leave india. May be return 2-3 year.

1.How the divorce process will be initiated?

He is not willing for divorce and saying that he will keep both of them.

As per source ( not solid evidence) that he has already done  court marriage with another woman. 

2.Can we fill police complaint what he did? 

3.What is process to find his Court marriage evidence ? ( he is saying that he didn't but that woman claim this)

 
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Advocate

The viable option is in your sister seeking divorce on the ground of marital cruelty and attendant reliefs. 


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