Monday, September 25, 2017

Instant and Immediate Divorce in India

Supreme court in land mark Judgment has waived a 6 months cooling period in the case of Mutual consent divorce. It held Section 13B(2) of the Hindu Marriage Act is not mandatory but directory, it will be open to the Court to exercise its discretion in the facts and circumstances of each case where there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. It has also said that in conducting such proceedings the Court can also use the medium of video conferencing and also permit genuine representation of the parties through close relations such as parents or siblings where the parties are unable to appear in person for any just and valid reason as may satisfy the Court, to advance the interest of justice. Section 13B(1) relates to jurisdiction of the Court and the petition is maintainable only if the parties are living separately for a period of one year or more and if they have not been able to live together and have agreed that the marriage be dissolved. Section 13B(2) is procedural. He submitted that the discretion to waive the period is a guided discretion by consideration of interest of justice where there is no chance of reconciliation and parties were already separated for a longer period or contesting proceedings for a period longer than the period mentioned in Section 13B(2). Thus, the Court should consider the questions: i) How long parties have been married? ii) How long litigation is pending? iii) How long they have been staying apart? iv) Are there any other proceedings between the parties? v) Have the parties attended mediation/conciliation? vi) Have the parties arrived at genuine settlement which takes care of alimony, custody of child or any other pending issues between the parties? The Court must be satisfied that the parties were living separately for more than the statutory period and all efforts at mediation and reconciliation have been tried and have failed and there is no chance of reconciliation and further waiting period will only prolong their agony. On such cases when a party make a petition to dispense the 6 months cooling period, then the court will use its discretionary power to grant mutual consent divorce as early after a week time. The Author Mr.K.P.Satish Kumar M.L. is the leading divorce lawyer in Chennai. Talk to the top divorce lawyer and send your queries to our whattsapp service No.9


கணவன் தன்னுடைய 2வது மனைவியை தன்னோடு சேர்த்து வாழ மனு தாக்கல் செய்ய முடியாது.

முதல் மனைவி உயிரோடிருக்கும் போது இரண்டாவது திருமணம் செய்து கொண்ட கணவன் தன்னுடைய 2வது மனைவியை தன்னோடு சேர்த்து வாழ (Restitition Conjugal Rights) உத்தரவிடும் படி குடும்ப நீதிமன்றத்தில் மனு தாக்கல் செய்ய முடியாது. அவ்வாறு செய்யப்பட்ட திருமணம் இந்து திருமணச் சட்டம் பிரிவு 5ல் கூறப்பட்டுள்ள நிபந்தனைகளுக்கு முரணானதாகும். இந்து திருமணச் சட்டம் பிரிவு 11ன் படி அத்தகைய திருமணங்கள் சட்டப்படி செல்லாத திருமணமாகும். எனவே 2வதாக திருமணம் செய்து கொள்கிற போது முதல் மனைவி உயிரோடு இருந்தால் 2வதாக திருமணம் செய்து கொண்ட மனைவியின் மீது இந்து திருமணச் சட்டம் பிரிவு 9 அல்லது 13 ன் கீழ் கணவர் எந்த ஒரு மனுவையும் தாக்கல் செய்ய முடியாது Talk to the Top Divorce Lawyer in Annanagar For queries and appiontment our whattsapp service No.9840802218. Talk to the Leading Divorce Lawyer in Chennai @ 9551716256 

Sunday, May 7, 2017

Women’s Common Mistake in Divorce # 2

Most common  mistakes done by the women’s they go behind the idea of non-professional’s such as friends, neighbors and relatives. If you pursue towards divorce then you should ask advise from the experts who can deal the divorce problems very well.  If  they should not just go for a free consultation and its better if they can avoid it, as they will get better legal advice if they pay for it.
Get a expertise attorney who has good knowledge and practice in family laws. Even they charge high avail the professional service, that can simplify your problems and put an end for all the divorce complications.
It is better to act with the guidance of the experienced lawyer. So women’s can tackle their husbands in the divorce war.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Women’s Common Mistake in Divorce # 1

A women things about a divorce when she feels a victim to family problems only at last. She tries to continue the institution of marriage in the hope of resolving the problems or to take it as a part of her life. Only at the extreme condition, a women feels that she need a divorce from her partner.
A women should not panic and should go online and find out everything that they need to know. They should meet a lawyer or more than one lawyer and find out what their rights are. Women should remember that they are not going to get kicked out of their home immediately just because their husband is not paying their rent or mortgage anymore and should not get intimidated into agreeing to a settlement before they are ready to.
A women should know all the legal help and that she can afford without any difficult. She should have easy axcess with her lawyers. If you want to put an to your marriage then consult the lawyers who professionally deals it.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Monday, February 13, 2017

Can Contempt lies against who withdraws Mutual Consent Petition

After signing the agreement by mutual consent to file for divorce, will either of the partner face contempt proceedings if they have any 2nd thought? That is the question the Delhi HC asked recently while referring to a batch of 8 separate divorce petitions to a larger bench. There have been contradictory views in earlier rulings Justice Manmohan expressed some serious doubts on the practice of the courts hauling up spouses for contempt if they fail to honour their earlier stand of divorce by mutual consent during the 6 month “cooling off” period. Section 13 B of the Hindu Marriage Act allows for ‘divorce by mutual consent’ in a 2 step process. The 1st motion of divorce can be filed by a couple if they haven’t been living together for at least one year. After this, the law mandates a “waiting period or cooling off period” of 6 to 18 months. When this period ends, the spouses can either withdraw their consent, & attempt to continue their married life, or file the 2nd motion for divorce, after this their separation is finalized. Even in the case of a “contested divorce”, where there’s a criminal complaint filed by either of the spouses or any 1 of them comes to court for a divorce against the other’s will- the couple gets a waiting period to resolve the differences. During this period of mediation, if the partners agree to the terms of getting mutual separation, then they file a plea for divorce by mutual consent. Say, a couple has filed a divorce petition under Sec. 13B(1) (divorce by mutual consent) or a motion under Section 13B(2) of the Act or both, but then 1 of them decides to change their mind in view of the option to renege/reconsider their decision of taking divorce by mutual consent under Section 13 B(2) of the Act”. the question is whether they should be held liable for contempt? It was raised before the single Bench of the Delhi High Court recently. The Apex Court, and Benches of Mumbai High Court and Delhi High Court earlier have given differing judgments on finality of agreement in the divorce mediations. In one case, the wife had refused to file the 2nd motion through mutual consent for divorce, after receiving part payment of the alimony, as she had “changed her mind” about the terms of custody for her child. The High Court had said that the “erring spouse” can’t be allowed to “take any advantage” of the option allowed in the cases of divorce by mutual consent. Citing many “contradicting judgments”, Justice Manmohan expounded that since Apex Court has held that the “consent” for divorce must “continue till date of the decree”, the right of parties to change their minds cannot be taken away. By Team Daniel & Daniel 9884883318

Friday, April 15, 2016

Adulterous wife cannot claim Maintenance or Alimony in India

The Indian Courts  declared  that a divorced wife is living in ‘illicit relationship’ with man other than her former husband is disqualified from claiming maintenance from her former husband. The decree obtained by the husband for divorce on proving the adulterous life of the wife cannot give a license to her to continue to live in illicit relationship and to get her right to claim maintenance revived.
  The court also distinguished the facts of this with earlier decisions of Supreme Court which had held that Section 125(4) of the Code of Criminal procedure does not apply to divorced wife. so far as adultery is concerned, the above Judgment cannot be made applicable, because even after the decree of divorce, the divorced wife carries the obligation not to live in relationship with any other man.
When a  Court granted a decree for divorce dissolving the marriage, precisely on the ground that the wife was living in adultery. During the pendency of the said matrimonial dispute before the Family Court, wife filed petition claiming maintenance. As per Section 4 of Section 125 of the Code, “No wife shall be entitled to receive an allowance for the maintenance or the interim maintenance and expenses of proceeding, as the case may be, from her husband under this section if she is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or if they are living separately by mutual consent.
The Author K.P.Satish Kumar M.L. is the leading divorce Attorney in Chennai

To Contact Team Daniel & Daniel @ 9884883318

Divorce can easily obtain on the ground of Religious Conversion

Marriage and religion are very closely intertwined in the Indian society. Marriages are primarily based on the religion one follows. Since parents tend to arrange marriages for their children, they will scout for a match in their own community following the same religion. Conversion after marriage can be a tricky thing for the partner who has not been taken into confidence before the change happens. According to The Hindu Marriage Act, 1955, if a person ceases to be a Hindu by conversion to another religion, he or she will be eligible to apply for divorce based on the ground of conversion. 

Conversion of the spouse to other religion was only for the purpose of circumventing the provision of Section 494 of Indian Penal Code, 1860. Conversion to Islam by a Hindu spouse does not per se lead to dissolution of the marriage. It only gives a right to the other spouse to file a petition under Hindu Marriage Act for divorce. Under the pristine Hindu Law as well, conversion did not operate per se as a dissolution of marriage. A Hindu spouse who ceased to be a Hindu by conversion to another religion does not acquire any right under the Hindu Marriage Act. On the other hand, he or she exposes himself or herself to a claim for divorce by the other spouse on the ground of such conversion. The spouse who remains a Hindu gets a right under the Hindu Marriage Act to seek dissolution of the marriage with the spouse who since the marriage ceased to be a Hindu by conversion to another religion.
The conditions before the Hindu marriage Act when a Hindu wife became convert to the Muslim faith and then married a Mohammedan, it was held that her earlier marriage with a Hindu husband was not dissolved by her conversion. She was charged and convicted of bigamy under S.494 of Indian Penal Code, 1860 prior to the Hindu Marriage Act.
After the Hindu Marriage Act if a marriage solemnised, can only be dissolved by a decree of divorce on any of the grounds enumerated in the Act. One of the grounds for divorce is that “the other party has ceased to be a Hindu by conversion to another religion”. 

The Author K.P.Satish Kumar M.L. is the leading Divorce lawyer in Chennai, Tamilnadu.

Talk to the Team Daniel & Daniel for your matrimonial Problems @ 9884883318.