Best Divorce Lawyer in Delhi: Couples who agree to get a divorce by mutual consent can have the divorce decree granted by the courts without going through an attorney. A year's separation and inability to live together should be evidenced by the couple. Divorce by mutual consent has the advantage of allowing parents to agree on things like child custody, support, and property rights. Best Divorce Lawyer in Delhi, If the courts believe that the parties can be reconciled, they will order a six- to eighteen-month delay between the filing of the divorce petition and the pronouncement of the divorce decree. Separation does not necessarily imply living in different places; the couple only needs to prove that they have not been living as husband and wife during this time period is important to keep in mind when filing for divorce. Hindu Marriage Act of 1995, Section 13B The subject of divorce is brought up. Best Divorce Lawyer in Delhi, a divorce that is agreed upon by both parties is less expensive and less time-consuming than one that is contested.
Withdraw of Consent: After the stipulated 18-month period has passed, either the wife or the husband can withdraw their consent to divorce by ‘mutual consent,' in which case a divorce decree will not be granted.
Contested Divorce: Section 13 of the Hindu Marriage Act, 1955 lists specific grounds for filing a petition in the event of a contested divorce. When a contested divorce is chosen, the spouses find themselves at odds. Best Divorce Lawyer in Delhi, Child custody, support, and other issues are frequently unresolved. According to the law, husbands and wives have equal access to all 11 grounds for divorce, with the exception of five that are exclusive to the wife against her husband. These are the locations where-
Cruelty- It is possible to be cruel in a physical or mental way. If one spouse has a reasonable belief that the other spouse's conduct is going to be harmful or injurious, that is sufficient ground for obtaining a divorce based on cruelty. In India.
Adultery- Adultery is a criminal offence in India, and a man who engages in consensual sexual relations outside of marriage is subject to prosecution. Best Divorce Lawyer in Delhi, As a civil remedy, the wife has the option to file for divorce. A wife who has an affair will not be prosecuted for adultery, but her husband can pursue legal action against the adulterous male.
Desertion- When one spouse deserts the other without good reason (such as cruelty), it's time to get a divorce. However, a spouse who deserts the other must-have intended to do so and must have evidence of such an intention prior to the desert. Best Divorce Lawyer in Delhi, According to Hindu tradition, a man's desertion must have lasted at least two years in order to be considered legal. Christians, on the other hand, will be unable to file for divorce solely because of this.
Conversion- In the event that one spouse decides to change their religious beliefs, the other spouse may file for divorce on the other spouse's behalf. This reason does not necessitate a lapse in time before filing for divorce.
Mental Illness- Divorce can be sought if one spouse is unable to perform the normal duties of a marriage due to mental illness. If the mental illness is severe enough that the spouse is unable to fulfill the responsibilities of married life, then the marriage may be in jeopardy.
Renunciation of the World - If one of the spouses chooses sanyasa instead of renunciating the world, the other spouse may be granted a divorce.
Presumption of Death- Prior to a period of seven years, if a person would have known about the spouse if he or she were alive, the spouse who is still alive can obtain a court order for divorce.
Divorce in India Requires the Submission of Certain Documents-
• Proof of Petitioner's Address
• Photographs/Invitation Card/Marriage Certificate
• Affidavit (Income & Expenditure)
• Further divorce proceedings will be handled by our lawyers after you have signed the VAKALTNAMA form in full.
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