Personal Law | Law Answer Online https://lawansweronline.com Legal Advice From Law Experts Sat, 16 Apr 2022 07:30:39 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.2 https://lawansweronline.com/wp-content/uploads/2020/06/cropped-loogoo-32x32.png Personal Law | Law Answer Online https://lawansweronline.com 32 32 What is the procedure for divorce by mutual consent under Hindu Law? https://lawansweronline.com/frequently-asked-legal-questions/procedure-for-divorce-mutual-consent-under-hindu-law/ Fri, 17 Jul 2020 11:24:31 +0000 https://lawansweronline.com/?p=946

Section 13 B of the Hindu Marriage Act, specifies the procedure for divorce by mutual consent. In cases, where both the parties involved want a divorce a memorandum of understanding needs to be drafted between the parties and submitted along with the petition for first motion before the Family Court.

mutual divorce

Contents of the Memorandum

  • Name, address, and particulars of the Parties, including the place where they last cohabited.
  • Date and venue of Wedding
  • Time spent living separately
  • Maintenance- monthly or lump sum
  • Child custody
  • Visitation Rights
  • Exchange of movable items and Stridhan
  • Distribution of mutually-owned immovable assets
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]]> Is a working woman entitled to maintenance ? https://lawansweronline.com/frequently-asked-legal-questions/working-woman-entitled-to-maintenance-2/ Wed, 24 Jun 2020 12:22:46 +0000 http://lawansweronline.com/?p=512

Maintenance is calculated on the basis of a number of factors, which include the individual income of both spouses, the number of dependents, including the children and which of the two spouses has the custody of the children. Most importantly, maintenance is commensurate to the status of the husband and the quality of life that the couple experienced while married. Thus, if a woman is working but if her salary is not sufficient to maintain the same quality of, depending on the facts and circumstances of the case, she will be entitled to maintenance.

]]> What documents are required for divorce under Hindu Law? https://lawansweronline.com/frequently-asked-legal-questions/documents-required-divorce-under-hindu-law/ Wed, 24 Jun 2020 12:18:46 +0000 http://lawansweronline.com/?p=508

Following are the documents are required for divorce under Hindu Law:-

  • Marriage Invitation Card
  • Photographs of the Ceremony
  • Proof of Address of matrimonial home
  • Identity Card
  • Marriage Certificate(if marriage is registered)
  • Documents pertaining to medical history of spouse and child, as applicable to your case
  • Record of marriage counselling before Mahila Thana (if applicable)
  • Any other document relevant in establishing your case.

 

mutual divorce

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]]> On what grounds can divorce be sought under Hindu Law ? https://lawansweronline.com/frequently-asked-legal-questions/grounds-for-divorce-under-hindu-law/ Wed, 24 Jun 2020 12:11:41 +0000 http://lawansweronline.com/?p=499
An individual can seek divorce under Section 13 of the Hindu Marriage Act, 1955, if after solemnisation of marriage the spouse does any of the following acts:-

  • Voluntary sexual intercourse with any person other than his or her spouse
  • Treats the aggrieved individual with cruelty, this includes mental emotional and physical abuse.
  • Has deserted the petitioner for a period of not less than 2 years.
  • Has ceased to be a Hindu and adopted another faith.
  • Spouse is of unsound mind and or intermittently suffers from mental disorder
  • If the spouse suffers from virulent and incurable form of leprosy
  • If the spouse suffers from venereal disease in communicable form.
  • Has renounced the world by entering any religious order;
  • Spouse is missing and it is unknown whether the spouse has been alive for 7 years.
  • If the couple have not resumed cohabitation for a period of 1 year since judicial separation or a decree of restitution of conjugal rights.

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