Legal Question in Family Law in India

Re: Divorce from husband

Yes She may apply for divorce at the faimly court where she is living. Time depends on the proceeding and appearance of the second party and it may take about 6 months ......

She can also file a petition in the same court u/s 125 Cr.P.C & 18,24,25 of Hindu Marriage Act for maintenance and the husband had to pay maintenance for the child and wife.

The court genrally immidiately grants interim mantinance which is about 1/5 th of the husbands salary and it may be deducted directly form his salary if he's in service.

The Girl now as per ammended Act has a right to claim over the property u/s 6 succession Act.

She may also institute a crimial case u/s 498-A for the harassment and the in laws may immidiately be send to jail custody for the crime...

Re: Divorce from husband

In your case your friend can take divorce by filing divorce petition but she has to state the grounds/reasons for divorce.In every case when a case is filed the court is bound to issue notice to the opposite party but if the party donot appear despite service then the court can declare the matter exparte and proceed and decide the matter exparte.There is no other way to seek exparte divorce.Your friend can also ask for maintenance/permanent alimony from her husband for herself and her daughter.

Getting divorce is not a easy job.

For any other query/assistance you may call me on 9873343288.

Thanks.

siddharth

Re: Divorce from husband

No , a one sided divorce is not possible. Thank You.