Advocate Sundara Pandya Raja
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.
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.
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.
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.
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