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I’ve always been surprised at the misconceptions that women have about their rights in family law (custody, alimony, maintenance etc).
Let’s do an #AMA session about Women’s Rights in family related issues. DM me if you are more comfortable there. #KnowYourRights #WomenRights
Let’s do an #AMA session about Women’s Rights in family related issues. DM me if you are more comfortable there. #KnowYourRights #WomenRights
Question: If I file a case against my husband then the custody of my children will be taken away from me.
Advice: No, custody has nothing to do with who files the case.
Advice: No, custody has nothing to do with who files the case.
Question: Husband is living with another woman and has filed for divorce. How can this be allowed?
Advice: filing for divorce is far from getting a decree of divorce. If he is living with someone else then there is no way he is getting the divorce unless the wife agrees.
Advice: filing for divorce is far from getting a decree of divorce. If he is living with someone else then there is no way he is getting the divorce unless the wife agrees.
Ques: invested 45 lakhs at the time of wedding, then 9 years later, if the girl is only able to earn 15k, how do the courts decide the quantum of alimony for her maintenance?
Advice: Maintenance is dependent on the income gap between the spouses.
Advice: Maintenance is dependent on the income gap between the spouses.
Ques: It's considerd that women should not be the first one to file a divorce petition-as she will be more harassed.More clarification on that
Advice:Divorce petition is a court date usually every 3 months irrespective of who files the case.Court dates are often termed hrsmnt.
Advice:Divorce petition is a court date usually every 3 months irrespective of who files the case.Court dates are often termed hrsmnt.
Ques: And, a simple explanation of stages of divorce by mutual consent.
Advice: 1) settlement agreement - separation of more than a year
3) First motion application.
4) 6 months cooling off period (waived off if separation is more than 18 months)
5) second motion. (decree)
Advice: 1) settlement agreement - separation of more than a year
3) First motion application.
4) 6 months cooling off period (waived off if separation is more than 18 months)
5) second motion. (decree)
Ques: Legally what are the rights of a women with regards to alimony when a divorce case is pending?
Advice: Alimony and maintenance depends on the paying capacity of the husband and the income gap between the spouses.
Advice: Alimony and maintenance depends on the paying capacity of the husband and the income gap between the spouses.
Ques: If legally entitled, how does our courts look at this morally (court judgements lot of times sound moral policing than legal merits)
Advice: Judge’s personal opinion may differ place to place but can’t impact the verdict. If it does, Appeal is provided for as a redressal.
Advice: Judge’s personal opinion may differ place to place but can’t impact the verdict. If it does, Appeal is provided for as a redressal.
Ques: he shows very low ITR and spends cash or his parents card. How will I prove his true income?
Advice: Courts are aware of the suppressed ITR and income and considers ‘lifestyle’ of the parties to reach the conclusion.
Advice: Courts are aware of the suppressed ITR and income and considers ‘lifestyle’ of the parties to reach the conclusion.
Ques: he has transferred the properties he owned to his mother. Showing he owns nothing.
Advice: Courts will consider when were this transfers made. After separation/disputes shows connivance and evasion of legal responsibility towards the wife and children.
Advice: Courts will consider when were this transfers made. After separation/disputes shows connivance and evasion of legal responsibility towards the wife and children.
Ques: What if he resigns and refuses to pay child support even after the Court Order saying he doesn’t have the money.
Advice: He can be sent to ‘Jail’ for the same and will owe the same legal obligation to pay even after being released from Jail.
Advice: He can be sent to ‘Jail’ for the same and will owe the same legal obligation to pay even after being released from Jail.
Ques: Can a woman, not drawing a handsome salary, in her divorce petition or mutual consent application, request for expenses to be borne by the spouse (if he's earning well)?
Advice: Yes to both. Mutual parties can ‘agree’ to anything they want. Contested-Court grants some amt.
Advice: Yes to both. Mutual parties can ‘agree’ to anything they want. Contested-Court grants some amt.
Ques: how much can the lawyers charge to take up even divorce by mutual consent? Do some settle for fees after verdict?
Advice: lawyers can charge from 15000 full case to 1,00,000/- per hearing.
Settling for fee after verdict is not wrong but percentage of the same is unethical
Advice: lawyers can charge from 15000 full case to 1,00,000/- per hearing.
Settling for fee after verdict is not wrong but percentage of the same is unethical
Ques: Do we need two separate lawyers to lay down the terms of settlement in a divorce by mutual consent? Does this need to be decided by us well before filing in the court?
Advice:separate lawyers are advised. Have to agree to the Agreement before filing.
Advice:separate lawyers are advised. Have to agree to the Agreement before filing.
Ques: While a married woman has every right on stridhan, is she bound compulsorily to return jewelry given to her by the in-laws?
Advice: legally it belongs to the wife. In a mutual consent it might be agreed to be returned.
Advice: legally it belongs to the wife. In a mutual consent it might be agreed to be returned.
Ques: If parents want to transfer property to the son, do the daughters have any say in it?
Advice: If the property is self acquired by the parents then they can deal with it in the manner they please. Can transfer to the son.
Advice: If the property is self acquired by the parents then they can deal with it in the manner they please. Can transfer to the son.
