Divorce Lawyers in Delhi
A case of divorce also surrounds around various other laws such as child custody law, the law of dowry prohibition, the law of domestic violence, and many more laws. Since there are many things involved with the divorce case, so there is a need to consult a highly qualified and experienced divorce lawyers in Delhi who know well how to perform all the procedures related to the divorce.
Are you unhappy with your husband or wife? If your marriage life is not on the track and you wish to take divorce from your partner, then you must look for the divorce advocates who can help you to get rid of daily fights with your partner by getting a divorce. Then, divorce advocates in Delhi may help you to get a divorce from your partner.
Marriage is a knot that is tied by the choice of both the parties, but some misunderstandings may demand divorce that breaks up the knot of marriage either by the mutual approval of both parties or by winning it by their assigned divorce advocates in Delhi according to the court law.
Whether you are looking for the mutual consent divorce or contested divorce in Delhi, divorce lawyers in Delhiare here to help you with both types of divorces.
CONCLUSIVE GUIDE ON DIVORCE LAWS & PROCEDURE IN INDIA
Divorce means the legal cessation of matrimonial bond. Since India is a home todiverse religious communities having distinct matrimonial laws, the divorce procedure also varies.
- i. All Hindus as well as Buddhists, Sikhs and Jains are governed by the Hindu Marriage Act 1955.
- ii. Muslims are governed by Muslim Personal Law and Dissolution of Muslim Marriages Act, 1939.
- iii. Christiansare governed by Indian Divorce Act, 1869 andThe Indian Christian Marriage Act, 1872.
- iv. Parsisare governed by The Parsi Marriage and Divorce Act, 1936.
An Indian couple can voluntarily seek to be governed by the Special Marriage Act, 1954 if they belong to different religious communities and also if the couple does not desire toperform obligations under specific personal law. Besides, there is also Foreign Marriage Act 1969, which governs divorce laws in marriages where either partner belongs to another nationality.
There are two ways of obtaining Divorce in India: –
- i. Divorce by Mutual Consent
- ii. Divorce without Mutual Consent or Contested Divorce.
1. DIVORCE BY MUTUAL CONSENT:
Seeking divorce in India is an overlong legal affair where the entire process takes a statutory minimum of six months. Nevertheless, the time and money required to obtain a divorce can be substantially curtailed if the couple agrees to seek divorce by mutual consent. Where the couple finds it correct and expedient to obtain divorce without having to face harassment and endure long fetched legal process, they can approach Family Court by filing divorce by mutual consent. Generally the duration of a divorce by mutual consent varies from 6 to 18 months, depending on the discretion of the court. It has usually been the preference of the courts to end mutual consent divorces sooner, rather than later.
As per Section 13 B of Hindu Marriage Act, 1955, Section 32 B of Parsi Marriage and Divorce Act, 1936 and Section 28 of the Special Marriage Act, 1954, the couple desirous of obtaining divorce should be living separately for at least one year immediately before the presentation of petition for Divorce. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. The expression “Living Separately”here means not living as husband and wife. It has no reference to the place of living. It may be possible that the couple might be living under the same roof due to force of circumstances but may not be performing marital obligations towards each other. What is to be determined is that they certainly do not have any desire to perform marital obligations.
For obtaining Divorce by mutual consent under Hindu Marriage Act, 1955, Section 13 B of the Act specifies that the petition for divorce by mutual consent must be presented to the court jointly by both the parties. The other requirements which the couple needs to comply with are given here under: –
- i. They have been living separately for a period of one year.
- ii. They have not been able to cohabit together.
- iii. They have jointly agreed that the marriage should be dissolved.
- iv. They wait for at least six months from the date they present the petition.
- v. Before the expiry of 18 months from the date they present a petition, they together should make a motion to the court for passing a decree.
- vi. Such consent has not been obtained by force, fraud or undue influence
Under Muslim Personal Law, both “Khula” and “Mubarat” are types of divorce by mutual consent. Khula is suitable mode of divorce in cases where the wife does not wish to continue with the marital bond. It is a case where the wife proposes to her husband for dissolution of marriage in which she gives or agrees to give a consideration to her husband for the purpose of dissolution of marital bond. On the other hand, Mubarat provides a way out where both the parties are equally willing to dissolve the marriage. In Mubarat, the offer for dissolving the marital bond may come from either wife or husband. But unlike Khula, there is no question of consideration in Mubarat.
While Divorce by Mutual Consent can save a lot of time and prevent the couple from prolonged litigation and resultant embarrassment, there are some issues regarding which the parties have to reach a consensus before cessation of the marital bond. The issues pertain to: –
- 1. Alimony
- 2. Custody of the Child
- 3. Adjustment and Appropriation of Properties
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