Advocate Sundara Pandya Raja

25/09/2024

26/11/2020

The factors that influence alimony are :
1. Age of the person receiving the alimony
2. Health of both parties
3. Economic conditions of the party providing the alimony

In addition to the aforementioned conditions, if the couple has minor children, the party who has the Custody of children is liable to receive child support payments from the other party.

24/11/2020

In most cases, the wife files for alimony. However, the husband can file or maintenance or alimony under some conditions.

According to Section 13 of the Hindu Matrimony Act, 1955, the husband can claim for maintenance or alimony if the husband is earning lesser than the wife.

In the case the husband is dependent of the wife, the court may ask the wife to provide for maintenance.

23/11/2020

If the legal documents are properly drafted, with the above-mentioned transactions recorded, and the lump sum l sufficient for the wife to maintain her standard of living, the husband doesn't need to pay any alimony post divorce.

Similarly, in a mutual consent divorce if both parties have agreed to have no alimony as a part of the agreement, the husband need not pay maintenance or alimony

13/11/2020

May the lights and crackers of Diwali enliven and enlighten lives in strength, happiness and Prosperity.

Happy Diwali!

12/11/2020

According to the Hindu Matrimony Act of 1955, in the case of a contested divorce, the petitioner may be required to produce witnesses in the case he or she does not have sufficient evidence against the partner. If the petitioner provides suitable evidence of cruelty or adultery in the form of videos or photographs (and other media), he or she will not be required to produce witnesses. In the absence of sufficient proof, the presence of witnesses strengthens the case for the petitioner.

In a divorce, by mutual consent, no witness is needed.

11/11/2020

In a contested divorce, if one party does not attend court (when the party is missing or refuses to attend court), an ex-parte divorce may be granted. In such a scenario, the court initially sends our notices or summons for the missing party and passes the orders once a reasonable amount of time has passed.

09/11/2020

Yes, a woman can file charges for harassment before or after the divorce.

However, there should be no inordinate delay in the filing of charges. In cases where either party has filed charges several years after a divorce, the court has dismissed them on grounds of the charges being unsustainable.

Additionally, if the woman filed harassment charges before the divorce, the husband can use the charges as a ground for divorce in the case he is acquitted.

31/10/2020

According to the Hindu Matrimony Act, 1955. After a divorce a woman has right to :

1. Streedhan and all marriage gifts
2. Maintenance and alimony if she cannot support herself.
3. Right to reside in matrimonial property
4. Maintenance for children

30/10/2020

The advantages of Divorce by Mutual Consent are :

1. Both parties can engage the same lawyer, there by incurring less legal charges.
2. Process is faster and hassle free
3. Both parties have better control of the settlements.