Sunday, May 7, 2017

Women’s Common Mistake in Divorce # 3

The most common mistake done by a women is they borrow money for the family expenses and divorce proceedings. A women should not borrow money from family, as they should save those resources for another time. Instead, they should see if they can borrow against their home or get a credit card. If they are financially dependent on their husband, then he is responsible for paying for at least part of their representation. If it is not they she should have her own financial stability to face the life and the divorce cases.

Debt makes a women worsen than past marriage life. Be diligent get a full financial support from parents or brother’s to contest the divorce case in a well being manner. A good support from your family and a financial blessing either by the way of parents or by work proceed with your divorce case. Because your husband can engage a good lawyer to defense his case.  A women should be in a better position to contest her case in a successful way.

Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008



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

Friday, April 15, 2016

Interim Maintenance Calculator to Indian Wife.

The section 24 of the Hindu Marriage Act provides Hindu wife to get interim maintenance when the divorce or other family court proceedings are pending. The act and the Indian courts has fixed certain criteria to calculate and assess the maintenance amount to be paid by the Husband to wife under S.24 of Hindu Marriage Act.


The Hindu marriage Act says that both the income of the wife and husband should be assessed before fixing the interim maintenance. Without determining the husbands income the court cannot fix the maintenance amount to the wife. Section 24 of the Hindu Marriage Act also provides maintenance to the husband from the wife.

On considering the income tax returns to fix the husbands income the court in VD Mehta V. KV Mehta states that the income tax returns do not reflects true position of income of a party for several reason, and cannot be taken as a sole guide for income of the party in maintenance proceedings.

If wife is taking the support of father and brother then also it is not considered in assessing the quantum of maintenance to be awarded by the court

cost of litigation

The cost of litigation shall also include what is spent by the applicant for travelling a distance from place of her residence to the court and if woman travels a long journey and require assistance than husband would required to pay the expenses for both the persons.

Maintenance of the Children

If Children are under the protection of the wife, the court will be justified in taking that circumstances into account in awarding maintenance to the wife. The Supreme court case in Jasbit Kaur sehgal V. District Judge Dehradun & Ors has held that no doubt section 24 of HMA talks about maintenance to wife during the pend ency of proceedings but this section cannot be read isolation and cannot be restricted meaning to hold that it is maintenance to the wife alone.

Husband Refused  to pay maintenance

If the husband refuses to pay the maintenance amount then the execution of the order of maintenance is not only one remedy the wife can obtain, but stay on proceedings if initiated by the husband can also be obtained from the court.


Quantum of Maintenance

On fixing the Quantum of maintenance it should be determined from an estimate of monthly income allowing for uncertainties, total number of dependents including wife and then fixing share of respondent. The wife cannot claim the maintenance amount beyond reasonable amount.

Article by Chennai Leading Lawyer Mr.K.P.Satish Kumar M.L.

Talk to the Leading Divorce Lawyer in Chennai @ 9884883318

Tuesday, March 29, 2016

Guidelines for a valid adoption of a Child

Persons who may be adopted - No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption.
one of the conditions inter alia is that the person who may be adopted has not completed the age of 15 years unless there is a custom and usage applicable to the parties which permit persons who completed the age of 15 years being taken in adoption. 
Other conditions for a valid adoption - In every adoption, the following conditions must be complied with:
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth or in the case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption:
Provided that the performance of datta homam shall not be essential to the validity of adoption.
The child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with the intent to transfer the child from the family of its birth. A child who is abandoned or whose parentage is not known may also be taken in adoption provided the given and taken ceremony is done from the place of family where it has been brought up to the family of its adoption.
Article by Advocate Mr.K.P.Satish Kumar
For all your Adoption and Child Custody issues contact
Daniel & Daniel Helpline @ 9962999008


Friday, March 25, 2016

Metal Torture Practiced by Indian Wives and Husbands

No uniform standard can ever be laid down for guidance, yet we deem it appropriate to enumerate some instances of human behaviour which may be relevant in dealing with the cases of "mental cruelty". The instances indicated in the succeeding paragraphs are only illustrative and not exhaustive:
(i) On consideration of complete matrimonial life of the parties, acute mental pain, agony and suffering as would not make possible for the parties to live with each other could come within the broad parameters of mental cruelty.
(ii) On comprehensive appraisal of the entire matrimonial life of the parties, it becomes abundantly clear that situation is such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with other party.
(iii) Mere coldness or lack of affection cannot amount to cruelty, frequent rudeness of language, petulance of manner, indifference and neglect may reach such a degree that it makes the married life for the other spouse absolutely intolerable.
(iv) Mental cruelty is a state of mind. The feeling of deep anguish, disappointment, frustration in one spouse caused by the conduct of other for a long time may lead to mental cruelty.
(v) A sustained course of abusive and humiliating treatment calculated to torture, discommode or render miserable life of the spouse.
(vi) Sustained unjustifiable conduct and behaviour of one spouse actually affecting physical and mental health of the other spouse. The treatment complained of and the resultant danger or apprehension must be very grave, substantial and weighty.
(vii) Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.
(viii) The conduct must be much more than jealousy, selfishness, possessiveness, which causes unhappiness and dissatisfaction and emotional upset may not be a ground for grant of divorce on the ground of mental cruelty.
(ix) Mere trivial irritations, quarrels, normal wear and tear of the married life which happens in day-today life would not be adequate for grant of divorce on the ground of mental cruelty.
(x) The married life should be reviewed as a whole and a few isolated instances over a period of years will not amount to cruelty. The ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent that because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty.
(xi) If a husband submits himself for an operation of sterilisation without medical reasons and without the consent or knowledge of his wife and similarly, if the wife undergoes vasectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty.
(xii) Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty.

(xiii) Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty.
These are the most common mental cruelty practiced by Indian couples. 
Article by Advocate Mrs.Bobby Portia Alex
Daniel and Daniel : Helpline No.9884883318

Hindu wife can conduct her divorce case in the place of her residence

Wife is residing in Delhi whereas the husband resides in Bombay. The husband instituted HMA Petition for restitution of conjugal rights in the Family Court at Bandra, Mumbai. The wife and her minor son of about 5 years are residing along with her parents who cannot afford the expenses of travel from Delhi to Mumbai for prosecuting the said case. She and the minor child cannot travel alone, she being a young lady of about 28 years. In these circumstances, Varsha Paresh Shah   Versus
Paresh H. Shah   the supreme court transferred the
case the Family, Court, Bandra, Mumbai to the Court of the District Judge, Delhi.

The Indian courts only see the convent of the Hindu wife whether she can attend and conduct a case in her circumstances. Travelling with child, Place of stay, Supportive nature for the wife in the strange place are taken into consideration by Indian courts. 
By
Team Daniel & Daniel
For 24 Hrs Helpline :- 9884883318.