Advocate Seema Dhavale
22. Can I get divorce in India within one year of marriage?
It is possible under certain conditions.

23. What is considered as streedhan?
Stridhan is, generally speaking, what a woman can claim as her own property within a marital household. It may include her jewelry - gifted either by her family or by her in-laws, gifts presented to her during the wedding or later, and the dowry articles given by her family.
Whatever is given to the wife at the time of marriage and even after the marriage by either side is a part of streedhan. It also includes the articles which she has purchased from her earnings after the marriage. However, the articles gifted to the husband from either side are not a part of streedhan. For example, clothes, rings, watches, etc. gifted to husband at the time of marriage are not a part of streedhan and she cannot claim that. Also, the money she spent to run household cannot be claimed by her.  Expenditure by the women side on marriage/engagement functions can not be claimed by them before or during divorce.

24. What is one-time alimony?
Instead of giving regular maintenance, it may be possible to make a one time settlement in which the person gives a lump sum amount to the wife said to be Alimony. Alimony will be given to the wife after mutual Divorce or during this procedure.

25. Which is better? Filling Divorce or RCR during pending of 498A.
Filing Divorce/RCR is a personal choice and one has to evaluate one's own situation before forming the strategy and also listen to other's cases, read judgments and understand the ground reality. It is possible, wait for some time and give a chance to wife to file Divorce.  Meanwhile husband can file RCR. Most wifes follow a standard sequence file 498A first and then CrPC 125 and then DV and if asked what is the reason for staying separately they say that dowry harrasment is the reason for staying separately . The court has no other option but to grant interim maintenance under CrPc 125 pending 498A investigations . DV maintenance is also granted since 498A is a strong case and DV accussed will have to pay maintenance pending 498A investigations . But if the husband files for divorce first then a argument can be used that it is clear retaliation and nothing else, which I feel is a very strong argument and can be used to deny maintetance in CrPC 125. You will also get Divorce under mental Cruelity once you are acquited in 498A. Similarly you can also file discharge application under Section 239 of CrPC before framing charge against you or under Section 245 of CrPC at any stage of the proceedings.

26. Can the petition to get divorce in India be filed anywhere in India?
It can be the place of residence of the respondent, or the place of marriage or the place where the couple last lived together. But the wife can file wherever she resides after separation. The husband can also file the divorce petition from his place of residence at the time of filing, under certain conditions.

27. What are the Documents required for the purpose of mutual consent divorce?
Documents Required:  Address proof of Husband, Address proof of Wife, Marriage Certificate and Four passport photographs of marriage of both husband and Wife

28. What does judicial separation means?
It is a relief, which is available to either of the spouse. The party which seeks judicial separation has to take one of the grounds mentioned under section 13 of Hindu Marriage Act. Once, a relief is granted, parties are allowed to live separately for one year. If matrimonial ties are not restored then aggrieved party has a right to go to the Court. Thus, judicial separation becomes a separate ground and another ground for Divorce.    
29. What is the procedure of Divorce in Contested cases?
In contested divorce case, the spouse who wants to initiate action, has to take one of the ground of divorce mentioned under law. A Petition will be drafted which will be filed in the Court. Other spouse, will be asked to make an appearance before the Matrimonial/Divorce Court and to answer reply to the Divorce Petition filed by the other spouse. Then the matter goes in for Trial. Parties have to lead evidence. One who files divorce petition will have to prove its case. After determination of all issues court can pass a divorce.

   Pl. provide your suggestions/messages/Queries regarding this website to
Search this Website :

Total Visitors Web Site Hit Counter
1   2   3   4