FAQ

Divorce allows a person to be free from marital relationship. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. To get a divorce, one needs to prove certain matrimonial offences or grounds such as adultery, desertion and cruelty etc.

A 'ground' for divorce is a 'reason' for divorce. A set of judicially recognized reasons for divorce .You must use one or more of these reasons to justify your divorce.

Seeking a divorce in India is a long-drawn legal affair but the time and money required to obtain a divorce can considerably be shortened if the couple seeks divorce by mutual consent. In mutual divorce, estranged spouses can mutually agree to a settlement and file for a “no-fault divorce” under Section 13B of the Hindu Marriage Act 1955.

All marriages which have been solemnized before or after the Marriage Laws (Amendment) Act 1976 are entitled to make use of the provision of divorce by mutual consent. However, for filing for a divorce on this ground, it is necessary for the husband and wife to have lived separately for at least a year.

As the name suggests, you will have to contest it. Indian laws in general recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind (of Incurable form), Impotency, renouncing the world, etc. Aggrieved party has to take one of the above grounds of divorce and will have to file the case in the Court of appropriate jurisdiction.

The party which files the case has to prove the case with support of ample evidences and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly. The Court’s formal order in the end is known as the ‘decree’. After this either party may appeal in the High Court and then finally the Supreme Court. Normally the process in the Family Court would take anywhere between 2-3 years if contested vigorously.

As far as the attendance in the court is concerned, it depends upon so many legal factors. It includes the way in which the divorced is sought after. Nevertheless, minimum of two attendances are expected.

If it’s a case of divorce by mutual consent, it is necessary for both the partners to appear in the court for the recording of their statements. In some rare cases, when the attendee is out of country or seriously diseased, the court of law allows his/her power or attorney for representation in the court but it depends only upon the discretion of court.

Adultery, Cruelty, Desertion, Conversion, Mental Disorder, Leprosy, Venereal Disease, Renunciation, Not Heard Alive and No Resumption of Co-habitation are the primary grounds on which the divorce case can be filed.

No maximum time limit can be framed in case of contested divorce as it depends upon so many factors. In a country like India where countless cases are in the row, no hurry can be expected similarly in the divorces cases also. Some cases take even more than 10 years.

Under Section 14 of the Hindu Marriage Act, 1955, no petition for divorce can be filed under any circumstance if the marriage has not completed 1 year of time span. But in abnormal or exceptional circumstances, The High Court is empowered to allow the concerned person to file a case before completion of one year.

Will is a legal declaration made by a testator regarding his property. It’s a testamentary document that clarifies and entitles someone to own his property after his death.

When someone passes away without having made a will, various types of confusions and strives among his or her family members regarding the entire ownership or a particular piece of the property.

In the absence of a will, the course of law takes place as per the enforceable provisions and the laws of inheritance that have been codified in the Hindu Succession Act, 1956.

Yes, of course, daughters have equal rights over the property of their father just like the sons do.

Any person (except Minor) with sound mental state, testamentary capacity and understanding of contents is able to dispose of his property by making a Will.

If a girl runs away from her home without following family or societal norms, her father has the right to take back all the money deposited by him in her daughter’s bank account at the time when was a minor.

Right to demand an agreement, payment receipts, right to drop contract, serve notice to landlord and right to use common areas of the society are a few common rights of a tenants.

A rent agreement stands for tenancy for a shorter period, and a written lease, on the other hand, gives tenants the right to occupy a place for set term. Lease is particularly made in case of commercial spaces and rent agreement in the residential ones.

Intellectual property stands for those creative pieces of work that cannot be measured in terms of money. This type of property includes designs, inventions, formulations, phrases and symbols.

No, not at all. No foreign national can buy a property in India while on a tourist Visa. A tourist visa lasts only for 180 days and to own a property in India, it is necessary for foreign nationals to justify the residency requirement of at least 183 days in a financial year.

The transfer of a piece of movable or immovable property that is made voluntarily without any considerations from the receiver is called ‘’gift’’. The person who transfers the property as gift is known as donor and the receiver as done.

The title deed, encumbrance certificate, Pledged land, Property Tax receipts and Measurement of Property are the primary documents which need to be verified before buying any property.

he term benami has originally been generated from Persian language which means property without a name. Section 2(a) of the Benami Transactions (Prohibition) Act, 1988 states , “‘Benami transaction’ means any transaction in which property is transferred to one person for a consideration paid or provided by another person.”

You must have achieved the age of 21 years and a piece of self- occupied property. A regular source of income is also desirable.

Each and every state in India has different policies and rules for buying and selling properties. You should go through them through reliable sources before thinking about it.

The Special Marriage Act allows you to marry that girl, in case no one of you wants to change your religion.

You can file a joint petition for mutual divorce which is the quickest way to get divorce. For a mutual divorce, both the partners must be ready while filing a petition to seek divorce from each other.

The girl should be 18 years old and the boy 21 years old to get married in India.

The registration of marriage is necessary for every couple as it works legally in various domains of life.

Not at all, live-in relationship in India is neither sin nor a crime. The Apex Court of India has not considered it illegal.

Legally there is no problem if you make up your mind for marriage. What matters is the willingness of both the parties.

No, an eloped girl has no right over the FD of her father.

Nominee is such a person who gets benefitted under nomination and distributes the same to his/her legal heirs. Nominee can also be one of the legal heirs to take the benefit. This preposition has been laid down by the Supreme Court in a case pertaining to LIC nomination.

No, you have no legal right to demand anything from your wife’s salary. This matter completely depends upon understanding and persuasion.

Your sister is equally eligible to have a part in your father’s property as you have. The law of the land does not make indiscrimination on the basis of gender.

As per the new legal provisions, a well-capable wife may have to pay some money to her poor husband if she gives divorce from her side. But it depends upon various real time evidences and circumstances that are brought to the court of law.

This may not be the proper ground to seek divorce from your wife. The fact remains unanswered and the court will ask you why she has got into habit.

I am 35 years old married man. I want to know if I initiate divorce procedure from my side, is it necessary for me to give compensation to my wife.

Divorce through mutual consent is the best possible and the speediest way to get divorce in India. Following this procedure, both the parties can file a case using even the common lawyers.

Yes, it may be a solid ground for divorce if she is denying for marital pleasure without any apt reason.

In this case you can move to the police station of your area and complain against your in-laws under 498 A of Indian Penal Code. You are also free to file a divorce petition in the family Court.

In this case you can move to the police station of your area and complain against your in-laws under 498 A of Indian Penal Code. You are also free to file a divorce petition in the family Court.

Through proper legal procedures, You can claim the custody of your daughter on the ground that your husband is drunkard and not able to care for your daughter.

Under Section 17 of the Hindu Marriage Act, bigamy is punishable u/s 494 & 495 of the Indian Penal Code. Section 494 prescribes for imprisonment, which may extend to 7 years and fine. So a complaint be lodged against the husband with the police.

the law has its own way to help individuals come out of these things. Petition can surely be filed.

You can move towards family court for the restitution of conjugal rights. Law also acknowledges that a marriage has no meaning if marital duties are not performed between the couples.

Legally daughters have equal share in their father’s property. You are advised to meet a competent lawyer and discuss each and everything in greater detail and act accordingly.

It depends upon the way divorce is being filed. If you are taking it through mutual consent, a single lawyer too can handle the case.

A rental / lease agreement is a legal document stating that owner and the tenant agree to follow the rental rules and the deal. To ensure the validation of the rent agreement, both the landlord and the tenant sign the agreement in presence of two people who are non-beneficiaries of the property.

One reason stated for 11 month agreement is to skip the registration process. As per the Registration Act, 1908, clause (d) of sub-section (1), registration of the property that is on lease for one year or more than a year is compulsory.

It is not compulsory to make a rent agreement only for 11 months. Renewable/extendable agreements for three to five years can also be made and registered. However, the stamp duty and registration charges for longer duration may differ.

All you need to get the lease registered is to visit the property registrar office, pay the stamp duty on the tenure of the lease and register the lease. Following these simple steps can help you getting into unwanted troubles.

While executing the rental agreement for 36 month, the additional clauses include the following:

Average increase of 5-7 per cent on an yearly basis Either party can terminate the rent agreement by giving a notice in three month advance without mentioning any reason for termination and conditions as standard.

The main terms of a rent agreement include:

• Amount of rent to be paid every month.
• The amount of safety deposit to be paid to the owner on a return basis.
• Period of rental agreement.
• Period of rental agreement.
• Type of lease – residential or commercial.
• Maintenance issues – who will pay the monthly maintenance bills (in case of a property in a housing society), minor repair work charges, major repair work charges and so on.
• Termination of lease rules.

The duration of the notice period prior to the termination of the lease depends on the period of the agreement. Once signed, the landlord needs to give the tenant a duplicate copy of the agreement within 10 days of signing or the tenant may withhold the rent till they receive the copy.

The safety deposit amount to be paid for the duration of the lease may be negotiated. Technically, the safety deposit amount is calculated as the first three months' rent which is fully refundable after the amount of repair and maintenance deductions.

A tenant should verify whether the landlord has included a “rent escalation clause” in the agreement, which could be used to increase the rent after a certain period say after six months. Verify whether the agreement mentions the date after which rent charges would increase and the percentage of increase.

If either party fails to honour the terms and conditions of the agreement, it will become invalid and the aggrieved party could claim penal charges. Therefore the agreement should also include notice period and penalty for cancelling the agreement without completing the specified period. Normally a one-month notice period is served.

As per chapter VI, Rule 9, of the Delhi Legal Services Authority Regulation 2002 following person are eligible for free Legal Aid Services.

1. SC or ST
2. Victim of trafficking or begar
3. Women or Child
4. Person with disabilities
5. Victim of mass disaster/Ethnic Violence Caste Atrocity/flood/ earthquake or industrial disaster
6. Industrial Workmen
7. In Custody/ Protective Home/ Juvenile Home/Psychiatric Hospital/ Psychiatric Nursing Home
8. Low income(Annual income less than Rs. 1,00,000
   • Senior Citizen (Annual income less than Rs. 2 Lac)
   • Transgender (Annual income less than Rs. 2 Lac)

Your lawyer is obligated to protect you. He will never disclose anything you tell him unless it will help your case. You answer the questions your lawyer asks. No more. No less. You answer honestly. Your lawyer will ask what they want and need to know. They will tell what they don't want to hear from you. When you do answer a question answer it honestly so that they have the accurate and proper information they need to work your case.

The Supreme Court of India has now put an end to the “automatic arrest” resulting from out of Section 498A complaints. On July 27, 2017 (Rajesh Sharma & Others v. State of U.P. & Another) 

Now, this is followed to the dot in Delhi and Punjab and Haryana, not sure about the other states though! So there is no one size fits all solution here but individual cases have to be considered depending on the circumstances. Now the police are empowered to decide whether an arrest is mandated or not.

Step 1 Get Anticipatory Bail!!!!!!! Now!!!!! 

Step 2 - Once you have Anticipatory Bail, wait for legal notice for divorce. Women file 498A for only 2 reasons - Emotional anger or Divorce. If it's the first, shell run to you crying and if its the second, youll get a legal notice.

Step 3 - Ask her what she wants to drop the 498A. If you agree - settle, if she doesn't then fight the 498A and bunk the Divorce hearings. A Divorce can be decreed in absentia but Alimony is almost always not decided, so she will not be keen to get a decree in absentia (Ex Parte).

Step 4 - File 482 Crpc in HC to Quash the 498A (20%–30% chance) just to try your luck. 

Step 5 - Before all this get a good lawyer, preferably a female lawyer.