Top Divoce Lawyers in Delhi, India
Divorce Lawyers – Save the Aftermath!
It brings with it some litigation when matrimonial disputes arise between marriage parties. It includes both civil and criminal litigation, including civil law, custody law, dowry prohibition laws, domestic violation laws, property issues, etc. It is a ghastly task to get a divorce in India.
Taboos about Divorce
In India, marriages are considered a relationship between two families, and this relationship is being broken by a divorce. It is associated with a lot of taboos accompanied by enormous societal pressure. It is very necessary to get a solicitor, who is responsive to the case, and someone, who can be fully trusted with the specifics for the whole process to be carried out smoothly. Consulting an accomplished divorce lawyer from our legal agency is the best way to achieve peace of mind in coping with family disputes, child custody, alimony and joint separation or contested divorce proceedings.
Stey by step procedure to file for a Divorce in India
Divorce in India is granted by 2 different processes:
Either by Mutual Consent
Or a Contested Divorce
1. Mutual Divorce
About the Divorce Taken by Mutual Consent:
As per the Hindu Marriage Act (1955), spouses, the husband as well as the wife are given the rights of getting their marriages dissolved by a decree of divorce, which could be taken on more than 1 ground, especially enumerated in the Section-13. Also, the Special Marriage Act (1954)-Section 28 and Divorce Act (1869) – Section 10A is even providing for this divorce taken by mutual consent.
Conditions Needed under the Hindu Marriage Act (Section 13B) for a Divorce by Mutual Consent:
Both the spouses are in a marriage separation and living separately for 1 year or more than that
That both the husband and the wife are no longer able to live with each other
And that both the spouses have agreed mutually that their marriage has finally and totally collapsed; and thus it should be dissolved
Under the above mentioned circumstances, a Mutual Divorce can be filed. Also, as per the Indian Legal system, the divorce procedure starts fundamentally by filing the divorce petition.
Procedure for a Mutual Divorce in India
1. First of all, the petition to file for the mutual divorce
2. Then, appearing before the Court of law; where inspection of the petition will take place
3. Passing of the orders for the recording of the statements over an oath
4. Then, the 1st Motion is passed, and after that, a period of six months is given before the 2nd Motion
5. 2nd Motion and then the Final and last Hearing of the petition
2. Contested Divorce
In India, in a contested divorce, the husband and the wife are not able to come to a common agreement on certain issues like child custody and/or division of the marital assets etc. so, under these circumstances, when the husband and wife cannot agree on certain aspects related to their marriage or now divorce, they then hire some divorce mediator to go before the court so that the court makes the final judgement on all these issues where negotiation was not happening.
Procedure for Getting a Contested Divorce in India
As this name clearly suggests, either of the spouses will have to contest for it, if he/she needs to file a divorce. A contested divorce is filed when one of the spouses (either the husband or the wife) decides to take the divorce without the consent of the other party. The petition for a contested divorce is filed in a court through a divorce lawyer, and then the court will send the divorce notice to the other party/spouse.
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