Legal Question in Family Law in India

Urgent!
Can you please explain me the WHOLE PROCESS IN BRIEF, of the Divorce
petition filed by wife. on grounds of physical(Occassional) and mental (Consistent) torture, WITH
THE PROOF OF THE TORTURE (video tape).

Can u pls tell if the wife files for divorce under hindu act, does she
have to get divorce under indian act or a decree issued by a foreign
country is applicable in india?

The custody of a 12 year old boy child is always given to the Mother
by laws. Is that correct? WITH THE CHILD HIMSELF WISHING TO LIVE WITH THE MOTHER.

As a general question, can one hire a non-Indian lawyer, to fight the case of Divore Under hindu Marriage IN India?

Please also explain me if the divorce petition can be filed online. If yes, how? What is the process? I think I read somewhere about it. And can you please send the online forms for it.

Also importantly, is MSA (Marital Settlement Agreement) possible in India? If yes, what to do for it? Can you please send the forms?And doesnt that mean settling divorce OUTSIDE of the court?

Please reply directly under the space given under the question so it is
easy to follow, maybe with a different color.

Please reply urgently!!!

Thank you so much!!!!
Regards.

Asked on 5/16/08, 2:07 pm

3 Answers from Attorneys

Aniruddha Pawse Aniruddha.P.Pawse Advocates

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Re: Urgent!

If you have so many questions contact a local advocate dealing with matrimonial matters.

Answered on 5/17/08, 4:42 am

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Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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Re: Urgent!

It is not correct that custody of a minor child is always given to the mother. The courts take into consideration the interests of the child while deciding custody issue.

There is no provision for filing a divorce petition on line; there are no forms as such; one need to draft a petition as per specific facts of each case.

there is no out of court settlement in divorce matters; if the parties arrive at a settlement, they can approach the court for dissolution of marriage by obtaining a divorce decree through mutual consent.

Answered on 5/17/08, 9:33 am

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