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Divorce Lawyers in India and Matrimonial Proceedings for Indians and NRI

 

The following are the proceedings related divorce and related matters in India

 

Divorce proceedings and Grounds

- Divorce on the ground of Cruelty
- Divorce on the ground of Desertion
- Divorce on the ground of Adulteration
- Divorce on the ground of Conversion

 

Petitions related to Matrimonial Disputes and Divorce

- Petition for Mutual Consent Divorce

- Petition for Divorce under Hindu Marriage Act
- Petition for Divorce under Special Marriage Act
- Petition for Divorce under Christian Marriage Act
- Petition for NRI divorce matters
- Petition for Restitution of Conjugal Rights
- Petition for Nullity of Marriage
- Petition for Judicial Separation
- Petition for Maintenance pendent lite and expenses for proceedings
- Petition for Permanent alimony and maintenance

 

Complaint under Domestic Violence Act

Complaint under Domestic Violence under Domestic Violence Act 2005 for cruelty, residential accommodation, peaceful stay and maintenance

 

Role of Divorce Lawyer in India

Drafting of divorce petitions, mutual divorce petitions, divorce agreements, judicial separations and all other documents.

Filing, defending and handling divorce proceedings before Tribunals and Family courts for Indian / NRI Divorce matters. Online legal advise and services for divorce in India.

Filing of divorce proceedings before the Family Courts for grant of decree of divorce

Filing and defending the proceedings for maintenance before the courts.

Filing appeals before the High Court in divorce matters against the orders of the Family Courts.

For filing of SLP before Supreme Court of India in divorce and matrimonial matters.

Legal help through advice and consultation on divorce matters through online, e-mail, chatting, video conferencing, teleconferencing and personal conferencing.

Filing petitions/ applications for grant of maintenance, grant of alimony and other related matrimonial issues.

Drafting and vetting of all documents, petitions, agreements pertaining to the divorce

Drafting, filing and advising on divorce law under The Special Marriage Act, 1954.

Drafting, filing and advising on divorce law under the Muslim Marriage laws.

Drafting, filing and advising on maintenance applications for claiming maintenance under The Hindu Marriage Act, 1955, Special Marriage Act, 1954 and other related laws.

Drafting, filing and advising on Alimony, Permanent Alimony matters.

Drafting, filing and defending and filing of petitions under Domestic Violence Act, 2005.

Drafting and filing of maintenance petitions under Section 125 of the Code of Criminal Procedure.

Drafting and filing of petitions under Section 18 And 20 of The Hindu Maintenance And Adoptions Act, 1956.
 


 

Laws for divorce in India

Hindu divorce laws in India is governed by Hindu Marriage Act, 1955. The divorce proceedings between the Hindus are conducted in accordance with the provisions contained in The Hindu Marriage Act, 1955. Various matrimonial disputes under The Hindu Marriage Act, 1955 are as under:

 

Grounds for Divorce

Divorce decree can be granted by the competent court on any of the following grounds:

 

Sexual Intercourse with another person

Voluntary sexual intercourse by a person with any person other than his or her spouse after solemnization of the marriage.

 

Cruelty

The petitioner has been treated with cruelty after solemnization of marriage

 

Desertion (apostasy)

The petitioner has been deserted by the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition

 

Religious Conversion

The other spouse has ceased to be a Hindu by conversion to another religion

 

Mental Disorder

As per Section 13(1)(v) of Hindu Marriage act with its Explanation in clauses (a) and (b) if one Spouse is suffering from mental disorder other spouse seek divorce on that ground

 

Grounds for filing Divorce Petition by Wife

Under sub-section (2) of Section 13 of Hindu Marriage Act, a wife can present a petition for the dissolution of her marriage by a decree of divorce on the following grounds:

In case of marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of solemnization of the marriage of the petitioner; provided that in either case the other wife is alive at the time of the presentation of the petition;

That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or

That in a suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956, or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, a decree or order, as maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or

That the marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

This clause has been inserted by the Marriage Laws (Amendment) Act, 1976 and has been given retrospective effect.

 

Additional grounds for dissolution of marriage

The spouse has been suffering from a virulent and incurable from of leprosy. The requirement of such disease continuing for a period not less than 3 years immediately preceding the presentation of the petition has been omitted by the Marriage Laws (Amendment) Act,68 of 1976

The Spouse has been suffering from venereal disease in a communicable form. Here also the requirement of 3 years has been dispensed with the 1976 amendment.

The spouse has renounced the world by entering any religious order

The person has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he had been alive

There has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or

That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.


 

Divorce Petition by Mutual Consent of Parties

Divorce by Mutual consent is governed by Section 13-B of Hindu Marriage Act

Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act,1976,on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition in not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass of decree of divorce declaring the marriage to be dissolved with effect from the date to the decree.

 

Requirements specified under Hindu Marriage Act for Divorce by Mutual Consent

The parties must have been living separately for more than an year immediately before the petition.

The parties are not able to live together. This may be due to any cause whatsoever, for example, mutual discomfort, temperamental differences or for any reason.

They have on voluntary basis agreed for mutual divorce. There should be no force or fraud by one upon the other or by others in the act of granting consent to divorce.

All the issues of alimony, custody of the children if any etc have been settled between them mutually.

 

Stages for Mutual Consent Divorce

There are two stages in mutual consent divorce



1. Filing First motion and hearing in court
The parties can file mutual divorce petition through a lawyer on the basis of mutual grounds as agreed and the court records the statement of both the parties.

 

2. Filing Second Motion
The second motion should be filed after six months of the recording of the of the parties statement in First Motion and before eighteen months. The second motion should be supported by affidavit duly sworn by them and the court will record their statements and pass the decree of divorce on the basis of the same.



Role of Divorce Advocate
Since the divorce petitions can be initiated on limited grounds, the role of a divorce lawyer in India is becomes.

If you need more help on matrimonial related issue please mail to contact@aaptaxlaw.com

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