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Advice on Divorce

Advice for Women who get DivorcedBeing a woman, emotions run high. Emotions have to be put aside though when dealing with divorce and one has to think logically one step at a time about what may be the cost from a financial, social and legal perspective.  Get Acquainted – Most women, in India, in particular, view marriages as long-lasting. If one were to believe this, then it’s also true that husbands take care of or get involved in financial matters rather than the wife. In fact, wives are much relieved that their husbands are looking after financial matters. In other words, husbands are entrusted with financial matters. This financial dependence of wives on their husbands leads to financial insecurity when women get divorced. Therefore what wives need to do is get their facts in regards to finances right including income of one’s husband, tax-payments, loan installments, fixed deposits, credit balance and disposition, bank accounts and monthly bills.Income apart – It’s a blunder ignoring marital properties and assets including jewelry, car, and insurance policies. All these assets effectively provide financial support while ascertaining alimony and child support. Wives ought to monitor their husband’s stocks and mutual funds investments. Nonetheless, Indian women aren’t aware of what their rights are and are oftentimes fooled by their scheming husbands. Indian women ought to track all the resources of their husbands and not have any feelings of guilt for spying.Maintenance – While one is getting ready for divorce, and in the process, a lawyer is hired, it will burn a hole in the pocket quicker than one may realize. Although one’s family may be supportive, it’s always a good idea to inquire about the maintenance from the courts. In India, it's not  much about fulfilling the needs of a divorcing woman than it's about other aspects including the husband’s willingness to cooperate. Indian law nonetheless has provisions for the maintenance of Indian women while they may await divorce.One’s contribution should be valued – Oftentimes women get emotionally as well as financially attached to their home as they get involved in the building of it. However, they may lose it all once one’s marriage is falling apart. According to Hindu law, women have the right to not part with items both moveable and immoveable, to herself even after the marriage has fallen apart.Evidenced Communication – It's absolutely vital to ensure that any sort of communication written and unwritten such as letters and phone calls are recorded to present as evidence in a court of law strengthening one’s case against one’s husband. If any sort of threat or abuse is recorded through verbal and/or non-verbal communication then that would further strengthen a female spouse’s case against her male spouse. Indian women, however, typically are deeply respectful towards their husbands and their families and owing to the entrenched belief that dragging the family name in court would amount to slander on the honor of her husband’s family, oftentimes they refrain from resorting to taking appropriate retaliatory measures. Indian women ought to bear in mind that once divorced they would break all ties with her former husband’s family and therefore they ought to worry less about her ex-husband’s family and think more about starting a new life.  Be Independent – The vast majority of Indian women quit their jobs once they get married; that is assuming they had a job prior to marriage. It could very well be that they did not pursue a career even before marriage, however, that is a highly unlikely occurrence these days. There are also instances of women giving up their careers to cater to the needs of their husbands or society or family. As and when women are at crossroads they ought to reevaluate their options and opt for resuming their career by brushing up their talents and skills that one believes one can earn one’s bread. Working in addition to giving financial independence, which is a major advantage. Many doors would open as women start working as they can find a roof over their heads. Women ought to accept the financial support of their family temporarily if it's offered.Oftentimes women are distraught at the thought of getting divorced and think more with their heart than their head. In other words, they fail to think rationally and rather tend to think emotionally. As an upshot, the impending or upcoming divorce is neglected and as a result, they are wholly unprepared until they are both financially and emotionally ruined. A divorce can be stressful as well as emotionally and financially taxing on any woman. Therefore ensuring that one has adequate financial support once divorced.Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard. 

Posted By

Avik Chakravorty

4 days ago

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New Rules in Divorce Laws

Any divorce law in India aims at exploring the probability of settling marital disputes and whether couples can cohabit. Nonetheless, if there isn’t any possibility under any circumstances whatsoever of couples reworking or saving their marriage then in that case granting divorce resulting in the formal dissolution of the marriage is the logical conclusion to a marriage that has irretrievably fallen apart. In this context, divorce laws are frequently upgraded and amended resulting in a much easier divorce process. The newer laws on divorce in India areSC says 6- month cooling period is optional Hindu couples pursuing divorce have had significant respite from the ruling of the Apex Court which states that the waiting period of 6-month as recommended under Section- 13B (2) is discretionary thereby heralding lower courts to hasten divorce if both spouses are consenting to settle their differences including alimony, custody of child or any other pending issues amongst the couple. According to The Supreme Court, while on the one hand there is a slim chance of the couples reuniting, on the other hand, there may be chances of newer rehabilitation. It's within the court’s authority to give the opportunity of a better option to the parties. The purpose of a cooling-off period is safeguarding the parties' decisions made in a hurry even as all possible avenues of reconciliation are considered. There are provisions moderating the Law of Maintenance Under Section 24 of the Hindu Marriage Act, any one of the spouses can rightfully claim reimbursement of the expenses incurred on account of legal proceedings is entitled to get paid for the expenses of the legal proceedings under the Act. Under Section- 25 of the Act, the court can order that the respondent make monthly maintenance payments in installments or the entire amount or in the form of monthly payment or payment of the entire amount upfront or even a fixed amount periodically for a timescale that is not to exceed the applicant’s lifetime. The other provisions of maintenance that are equally vital are Sections- 18 and 19 of the Hindu Adoption and Maintenance Act which had undergone amendments in 2015. and Section 125 of the Code of Criminal Procedure.Irretrievable Breakdown of a Marriage Although there are numerous instances of couples cohabiting nonetheless their marriage is synonymous with separation and there is hardly any classified law in this regard.   In this context, in 2009 the joint reports of the Law Commission and the Supreme Court were sent to the Government and the report aimed at adding an irretrievable breakdown of marriage under Section- 13 of the Hindu Marriage Act,as a plausible reason for divorce. The Law Commission and the Supreme Court jointly stated that there is wisdom in accepting life’s practical realities and thus,ought to make a decision that is conducive for the general improvement in the quality of life of both spouses. Marriage Laws (Amendment) Act, 2013The Marriage Laws (Amendment) Act, 2013 is potentially a boon when it comes to maintenance in cases of irretrievable breakdown of the marriage as wives are entitled to the husband’s share in the immovable property that the husband may have acquired while both spouses were married. Nonetheless, this benefit is exclusively applicable to cases of ‘irretrievable breakdown of marriage’ and not in other Divorce lawsuits. Triple Talaq is unconstitutionalThe groundbreaking decision of the Supreme Court stated that triple talaq is a violation of the vital entitlements of Muslim women as it irretrievably puts an end to the marriage and there isn’t any hope at all that the marriage can be restored resulting in the courts decreeing the marriage unconstitutional. A triple talaq is a form of divorce that is executed orally and is in effect in some sects of the Muslim community to divorce their wives instantly by uttering the word ‘talaq’ three times. The central government is now responsible for passing the Triple Talaq Bill and promulgate a law for regulating laws of marriage and divorce laws among Indian Muslims.Changes in the Christian Divorce LawsThe Supreme court in its yet another landmark ruling, last year has held that the granting of the divorce by the ecclesiastical tribunal under Christian personal law is invalid as overriding the law is not permissible. The ecclesiastical tribunal is under the control of the Canon Law which the Catholics regard as their personal law. Nonetheless, the ruling of the court was that it's mandatory for any Christian couple seeking divorce to get a divorce through a civil court. Therefore, if spouses seek annulment of marriage from a similar tribunal and subsequent remarriage of any of the spouses would be regarded as bigamy. For Christians, it's mandatory that the divorce petition is filed in a civil court.Click here to connect to Vidhikarya’s registered expert divorce lawyers for further legal advice in this regard.

Posted By

Avik Chakravorty

4 days ago

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Find the Best Divorce Lawyers in Kolkata

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Shreyash Mohta

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Domestic Violence
  • Family
  • Muslim Laws
  • Bankruptcy And Debt
Hi, this is Shreyash Mohta I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with criminal & quasi criminal cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc. View Full Profile
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Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Banking
  • Civil
  • Commercial
  • Criminal
I am a Practicing Advocate at Calcutta High Court and all the District Courts in and around Kolkata. I handle both Civil and Criminal Matters along with the matters at Tribunals like AFT and Consumer Forum. I have earlier worked for State Bank of India (SBI), Infosys & Hewlett Packard (HP). View Full Profile
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Mrighankhi Chakraborty

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Cheque Bounce
  • Family
Hi, This is Mrighankhi Chakraborty I have graduated from University of Calcutta and I am a practicing Advocate. I deal mostly with Divorce cases with exp of 1-1.5yrs. My prime area of expertise is in matters related to Family Disputes, Divorce, Domestic Violence, etc View Full Profile
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Debashish Tandon

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Criminal
  • Real Estate
  • Human Rights
I am a lawyer with an active litigation experience of more than 11 years in a variety of matters like the Service, Civil, Criminal, Arbitration execution, N.I. Act, Corporate, Labour Laws, property matters. I have experience working in District Court, High Court of Kolkata, Bihar and Uttar Pradesh. View Full Profile
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Sampa Ghosh Supreme court lawyer

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Criminal
  • Property
  • Administrative Law
  • Aviation
Expertise In Civil & Criminal Cases & Passionate to work in Supreme Court Cases. View Full Profile
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Bose and Das Associates

Partner
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Civil
  • Cheque Bounce
  • Partnership
  • Contracts And Agreements
We are a West Bengal based law firm looking forward to get justice for each and every client. View Full Profile
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SUVAJIT GHOSH DASTIDAR

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Criminal
I completed law in the year 2016 and has been providing services in various fields of law. View Full Profile
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K Mondal

Lawyer
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Military Laws
  • Civil
  • Criminal
  • Documentation
Deals in any kind of Armed Forces Tribunal (Court Martial, Disciplinary Proceedings, Disability Pension, Round Off, Transfer etc), Writ, Civil, Criminal, Property, Company C.A.T, S.A.T etc matters. View Full Profile
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Shirshendu Hazra

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
We specialize in divorce,custody and maintenance matters. View Full Profile
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Arindom Bit

Advocate
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Civil
  • Cheque Bounce
  • Banking
  • Bankruptcy And Debt
Advocate Arindom Bit has been practicing and handling cases independently with a result oriented approach, both professionally and ethically and has now acquired over 8 years of professional experience in providing legal consultancy and advisory services. Advocate Arindom Bit's office is in Hare St View Full Profile
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