Divorce Lawyers in Delhi
Divorce Lawyers in Delhi
Divorce through Mutual Consent:
When both the parties i.e., the husband and wife mutually agree to obtain a
divorce, the courts will grant a decree for divorce with mutual consent. The
couple should prove that they have been separated for over a year and that they
have been unable to live together. The main characteristic of a divorce through
mutual consent is that matters such as children’s custody, maintenance and
property rights could be agreed to mutually. If the courts believe that there
is a chance of reconciliation amongst the parties then it will order a duration
of 6 to 18 months between the date the divorce petition is filed and the
divorce decree is pronounced. It is important to note that living separately does
not necessarily mean living in different locations; the couple only needs to
prove that they have not been living as husband and wife during this time
period. Section 13B of Hindu Marriage Act,1995 Talks about mutual divorce.
Divorce through mutual consent is relatively inexpensive and quicker than a
contested divorce
Withdraw of Consent: Consent given for divorce
by ‘mutual consent' can be withdrawn by either the wife or the husband even
after the expiry of the stipulated 18-month period and in such cases, a decree
for divorce will not be granted.
Contested Divorce: In case of a contested
divorce, there are specific grounds listed under Section 13 of the Hindu
Marriage Act, 1955 on which the petition can be filed. The husband and wife are
in a conflict when opting for a contested divorce. More often than not, matters
such as child custody, maintenance etc are far from resolution. There are 11
grounds for divorce available to both the husband and wife under the law, out
of which 5 exclusive grounds are available to the wife against her husband.
These grounds are-
Cruelty- Cruelty may be physical or
mental. According to the Hindu Divorce Laws in India, if one spouse has a
reasonable apprehension in the mind that the other spouse’s conduct is likely
to be injurious or harmful, then there is sufficient ground for obtaining
divorce due to cruelty by the spouse.
Adultery- In India, a man that
commits adultery (i.e. has consensual sexual intercourse outside of marriage)
can be charged with a criminal offence. The wife may, of course, file for
divorce as a civil remedy. If, on the other hand, a wife commits adultery, she
cannot be charged with a criminal offence, though the husband can seek
prosecution of the adulterer male for adultery.
Desertion- One spouse deserting the
other without reasonable cause (cruelty, for example) is reason for divorce.
However, the spouse who abandons the other should intend to desert and there
should be proof of it. As per Hindu laws, the desertion should have lasted at
least two continuous years. Christians, however, will not be able to file a
divorce petition solely for this reason
Conversion- Divorce can be sought by a
either spouse if the other spouse converts to another religion. This reason
does not require any time to have passed before divorce can be filed.
Mental Disorder- If the spouse is incapable
of performing the normal duties required in a marriage on account of mental
illness, divorce can be sought. If the mental illness is to such an extent that
the normal duties of married life cannot be performed.
Renunciation of the World- If the spouse renounces
his/her married life and opts for sanyasa, the aggrieved spouse may obtain a
divorce
Presumption of Death- If the spouse has not been
heard of as being alive for a period of at least seven years, by such
individuals who would have heard about such spouse, if he or she were alive,
then the spouse who is alive can obtain a judicial decree of divorce.
Documents Require To File Divorce
in India
- •
Address Proof of Petitioner
- •
Marriage Certificate / Invitation Card / Photographs
- •
Affidavit (Income & Expenditure )
- •
Passport Size Photograph of Petitioner Further Divorce Proceedings will be
handled by our Lawyers after Duly Signing VAKALTNAMA
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Court Rohini, Delhi-110085
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