HOW TO FILE FOR DIVORCE IN INDIA
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Divorce Lawyers in Delhi
It is recommended to take legal advice from the experienced experts before filing for the divorce or taking a similar step forward. It is easy to keep a track on your case after hiring one of our lawyers.
It is a legalised policy of separating ways from one’s legally wed partner. A married couple can file divorce in India under the following acts:
Hindu Marriage Act – under this act, the Hindu couples can file divorce.
Dissolution of Muslim Marriage Act – under this act the Muslim couples can file divorce.
Indian Divorce Act – under this act, the Christian couples can file divorce.
Special Marriage Act –The Inter-religion or inter-caste couples are able file divorce under this act.
In India termination of marriage needs to be done under the law while obeying the guidelines. A professional Divorce Lawyer will ensure that you do it in the right manner. We have the best Divorce Lawyer in Delhi at portal who are committed to giving the best legal divorce counselling.
Types of Divorce Petition
A) Mutual Consent
This is when both husband and wife mutually agree to terminate their marriage. such an arrangement is considered as a mutual divorce by the court. under the mutual consent divorce is granted when the couple has been staying separately for over a year. This is basic for proving the petition they are signing for the divorce. Separation is vital for the couple to verify in the court that they are not able to live together and divorce is obligatory under the relevant act.
For divorce It requires around 6 months to 1 year under mutual consent to get the legal grant. When a couple resolves for divorce with mutual consent, they are set to solve the following three aspects mutually:
Alimony –In case of a mutually consented divorce the law will not fix limited alimony and maintenance. Through mutual understanding the law these things need to be taken care. approaching the court is the right way in the event you are not able to reach a decision.
Child Custody – The custody of the child is accepted jointly by the parents in case of mutual consent divorce.
Property Issues – property issues such as who gets a specific part including movable and immovable property should be left for the couple to decide.
B) Divorce without Consent
A couple can file for a divorce under the following grounds whenever they do no agree on the mutual consent of divorce:
A) Cheating – In the event where one of the partners is caught cheating or found guilty of adultery, the other partner has the right to ask for divorce on this ground. adultery (consensual sex outside the marriage) is considered a criminal offence in India, therefore the partner can file the divorce on this basis.
B) Domestic Violence- A partner can demand a divorce when one of the partners is involved in domestic violence of any kind against his/her partner, beating or harmful activity.
C) Mental Disorder- The marriage can be dissolved according to law in case spouses are not able to perform normal duties of marriage due to a mental disorder.
D) Abandonment- When any one of the spouses abandons or desserts their partners, with no reason at all, then this is one of the reasons for divorce. That is one of the spouses can file for divorce under the condition of abandonment.
E) Assumption of Death –The marriage can be considered void in the event when one of the spouses is not heard of for 7 years in a row. This is a condition that can easily grant the other partner, the decree of divorce.
Procedure of Divorce
A) Filing of the Divorce Petition
This is a prime step one should take for divorce therefore begin with filing a petition before the respective families in the front of the jurisdiction.
Hiring an Expert DIVORCE LAWYER will help you to tackle the divorce procedure with ease.
B) Sending Notice
After filing the petition, a notice for divorce should be sent to one’s partner, to let the other party knows about the initiation of the divorce procedure. Complex procedures such as sending of notice and handling of the divorce process are solved through hiring an experienced lawyer.
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When the notices are sent to the respective partners, they must appear in the court for summoned dates.
The court conducts a trial. For the judge can understand the story of both sides before deciding on the date divorce both parties are heard. The court decides on what basis the divorce gets granted. Lawyers must prove mentioned allegations against the partner for to receive a grant for divorce.
To win a case Lawyers need to argue on any allegations made by clients which is crucial in case of issues related to settlements.
F) Final order
The court announces final judgement decision related to property, alimony, and child custody after hearings. The matter may be taken in higher courts in case of dissatisfaction displayed by the party.
Documents needed for Divorce
A) An address validation
B) An original invitation card of the wedding and Marriage certificate
C) confirmation of separation if living separately
D) Income details
E) Possessions details
How do we help?
With expert’s specialisation well known for handling the family matters very efficiently and therefore lots of couples have found solution for their issues. To solve your issues and matters we offer the best legal service and with the line-up of the best advocates with specialisation in the respective fields you can get the advice from the best advisers and advocates.
To avoid legal loophole in the process of divorce anyone can hire lawyers to file a notice for your divorce case through consulting the best law firms in India.
You are able to hire lawyers to file a notice for your divorce case from the best law firm in india.
It can be tricky to get divorce without consent and therefore you need the best advocates with years of experience, you can find the best and experienced lawyers here. any one