Divorce Petition Legal Guidance

Summary

When both parties file for divorce, the court will consider both petitions and may consolidate them. Attend your hearing and present your case. To expedite the process, request an expedited hearing citing urgency or mutual consent. For alimony, present your income proof and expenses to show the demand is unreasonable. Alimony is based on the husbands income, not parental property, unless you have a legal share. Consider consulting a local attorney for personalized advice.

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I have lodged a petition in family court near my jurisdiction for divorce of my marriage after almost 2 years. My wife and me got separated last year after 15 months of our marriage. After while I sent her legal notice to return to her matrimonial house and resume without any conditions but in reply notice she disagreed and levied false accusations against me and my family. So I waited then on Jan * I had lodged divorce petition and it’s hearing date is in 1st week of April. Surprisingly this end of Feb * I received divorce petition from her which has hearing date on 1st week of May. Seems my petition hasn’t still reached her. Looking at this scenario can you guide me how will this proceed with context of law and what should I do next for faster divorce process.
Here are some points to consider:
*. Multiple Petitions: Since both parties have filed for divorce, the court will consider both petitions.
*. Hearing Dates: Attend the hearing on the 1st week of April and present your case. The court may consolidate both cases.
*. Speeding Up Process: You can request the court for an expedited process, citing the urgency and mutual consent if any.
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In her petition she has demanded alimony as 75k per month or * lakh lump sum permanent amount, but my salary is barely 1L and I do not have much savings to dispose off. Plus my house expenses is more than 50k per month. How will I defend it or what can happen in this scenario?
In your case, you can present the following points to the court:
- Income Proof: Provide evidence of your salary and financial status.
- Expenses: Document your monthly expenses, including housing, bills, etc.
- Standard of Living: Show that the alimony demand is unreasonable compared to your income and standard of living.
Would you like to connect with a local lawyer who can better assist you with your case?
I do not possess any property on my name but my father and mother owns residential property on their name. Can my wife demand alimony based on their property?
Case Rating: *
In Maharashtra, alimony is generally based on the husband's income and financial status, not on the property owned by his parents. Here are some points to consider:
- Alimony is usually calculated based on the husband's earnings and ability to pay.
- Parental property is typically not considered unless you have a legal share in it.
Do you have any specific concerns about this situation?