Matrimonial Investigations

PWDVA, 2005 protects women in cohabitation with men. This includes both married women as well as women in live-in-relationship.

Yes, an aggrieved woman can claim maintenance under section 20 of the PWDVA, 2005.

Under section 21 of the PWDVA Act, 2005, an aggrieved woman can claim the custody of child and under section 22 she can claim compensation for her sufferings.

Under PWDVA, 2005 the woman who is in cohabitation with the man can claim maintenance for herself and children. Under section 125 of CrPC, 1973, the wife can claim maintenance; also, the children, both legitimate and illegitimate, can claim maintenance from their father; as well as parents who are neglected by their children, can claim maintenance.

Yes, irrespective of their religion any woman can claim maintenance.

Yes, under Hindu Marriage Act, 1955 a husband can claim maintenance from his wife.

Under Section 125(4) of the CrPC 1973, a wife living in adultery; or without any sufficient reason living separately with her husband; or if both husband and wife living separately by mutual consent.

Yes, an aggrieved person can claim maintenance both under section 125 of CrPC 1973, and PWDVA, 2005.

Yes, a wife who is educated and qualified but not able to maintain herself is entitled for maintenance.

No.

He can file for judicial separation under section 10 of Hindu Marriage Act, 1955.

A husband can file for divorce on the basis of cruelty, desertion, adultery, conversion, mental disorder, communicable disease or renunciation of the world by his wife.

For desertion it is 2 years and for presumption of death it is 7 years.

Yes, as they are regarded as mental cruelty.

An agreement made before marriage which generally includes that in eventuality of divorce who will have custody of children and how, what will be the monetary liabilities and how will the property and assets of the parties be divided amongst other specific contracts.

As Indian law considered marriage as a sacred institution and not a contract, prenuptial agreements are not enforceable in India. However, section 40 of the Divorce Act 1869 and the Goa Civil Code 1867 recognises prenuptial agreement. Muslim personal law also recognizes ‘mehr’ which is decided before the marriage of two muslim persons, which resembles the objectives and nature of a pre-nuptial agreements.

If any party to the prenuptial agreement, which is made outside India, initiates divorce proceedings in India, that agreement has no effect and can not be enforced.

Bigamy is an act of remarrying during the subsistence of the valid marriage. Under section 494 of IPC, 1860 if any person having a husband or wife marries again, such marriage is void, and such husband or wife shall be punished with imprisonment of either description for a term of 7 years and fine.

A person whose spouse is dead OR first marriage has been dissolved by a decree of divorce OR declared void by a decree of nullity.

Yes, a man remarrying with the consent of the first wife is guilty of bigamy.

Only aggrieved person can complain for bigamy. In case of an aggrieved wife her father can also make a complaint.

Second wife has no legal rights of maintenance or property rights over her husband's ancestral property. However, she can claim maintenance if she can prove no knowledge of her husband’s first marriage.

• Many issues are lawfully considered as civil cases where questions between two parties are involved and police can not afford to give all time to that.
• Minor violations frequently will not draw in critical police consideration, basically as the police need to give their thoughtfulness regarding high criticality matters. A private investigator can assist law enforcement in such cases, or can be hired by the client to discreetly extract crucial evidence which can be very useful at the stage of investigation and later during court trial.
• There are certain matters in which a private investigator is more experienced and thinks more critically like personal or matrimonial disputes, financial asset trace, cyber forensics, digital forensics etc.
• Some companies have their own team of private investigators to examine and investigate the internal security of the company. They are hired for this reason and also they have good knowledge of the company thereby making investigation procedure time efficient.
• Some people do not feel comfortable sharing every detail with the law enforcement for want of privacy, time or to avoid getting involved in unwanted situations.
• There are some matters that are not punishable by the law and not acknowledged for the same. These are the cases where people need investigators for their own closure like in the case of infidelity and family matters.

At Intelaw, protection of our client’s identity is paramount. Intelaw will not take your personal details without your consent. Intelaw never stores any client’s details. All communications happen over a secure channel through a SPOC dedicated to your case. The password secured report is kept confidential and cannot be distributed.