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Divorce under Hindu Law

Divorce under Hindu law Divorce is the process of terminating a marriage or marital union. It usuall...

Posted By

Sayaree Ganguly

1 month ago

Adultery No More a Criminal Offence; Section 497 o...

WHAT IS ADULTERY? Adultery is a voluntary consensual relationship between a married individual an...

Posted By

Shreyash Mohta

2 months ago

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Consult Top Divorce Expert Lawyer in India

Abhimanyu Shandilya

Advocate and Legal Counsel
Exp
Kolkata , West Bengal

Specialization

  • Divorce
  • Banking
  • Civil
  • Commercial
  • Criminal
I started my career with State Bank of India (SBI) and later worked for Infosys & Hewlett Packard (HP). I have extensive hands on knowledge and understanding of Corporate Legal Matters as well as litigation. Currently I am practicing in Kolkata & have my own law firm SHANDILYAZ ADVOCATES & COUNSELS View Full Profile
Total Answers Given : 419

GANESH SHARMA

Criminal Lawyer
Exp
Faridabad , Haryana

Specialization

  • Divorce
  • Civil
  • Torts
Experts in Divorce cases, Criminal Cases, Property disputes, Civil Matters etc.. View Full Profile
Total Answers Given : 409

Namitabh Kothari

Advocate
Exp
Mumbai suburban , Maharashtra

Specialization

  • Divorce
  • Civil
  • Criminal
  • Cheque Bounce
  • Property
18 Years of Legal Practice - Expert in Civil, Criminal, Family and all other types of Court cases Handling matters in Bombay High Court and all other Courts in Mumbai - Thane - Navi Mumbai - Pune View Full Profile
Total Answers Given : 75

Mural Krishnan Sanjeevi

Advocate
Exp
Chennai , Tamil Nadu

Specialization

  • Divorce
  • Muslim Laws
  • Cheque Bounce
  • Consumer Protection
  • Employment And Labour
Am 10 years experienced lawyer in all the legal matters. My goal is to provide the best legal and practical solutions to my clients. My are of practice are Arbitration, Anticipatory Bail, Bail , consumer dispute, Divorce. View Full Profile
Total Answers Given : 28

Pankaj Kumar & Co.

Advocate
Exp
North Delhi , Delhi

Specialization

  • Divorce
  • Adoption
  • Landlord And Tenant
  • Media, Communication, Entertainment
  • Power Of Attorney
We are a law firm consisting of best lawyers for Matrimonial/Divorce, Civil and Criminal cases in New Delhi (India), NCR and other major cities of India. View Full Profile
Total Answers Given : 3

Akash Thate

Advocate
Exp
Mumbai City , Maharashtra

Specialization

  • Divorce
  • Family
  • Criminal
  • Maternity
I am a Very good lawyer, Handled cyber crime , Cyber law, Family(Divorce, Child custody, Maintanence) View Full Profile
Total Answers Given : 1

Adrian Phillips

Partner
Exp
Mumbai City , Maharashtra

Specialization

  • Divorce
  • Real Estate
  • Property
  • Human Rights
  • Juvenile
An Advocate for 19 years. Worked in the Areas of Criminal and Civil Law as well as in Advocacy. Been on National Drafting Committees and have appeared in the Supreme Court and High Courts in 9 States. Still continue to appear in trial courts across the country. No case is too small or too big. View Full Profile

naidu n

Senior Legal Consultant
Exp
Hyderabad , Telangana

Specialization

  • Divorce
  • Civil
  • Admiralty and Maritime
  • Banking
  • Consumer Protection
We handle following litigations: Admiralty & Maritime, Arbitration, Banking, Business , Company law, Civil , Construction, consumer law, Corporation, Partnership, Criminal, Finance, Foreclosure, Franchise Law, Government, Insurance, Revenue matters, Shipping, Real Estate, Family, Divorce et., View Full Profile

Feroz Abdurrahim Shaikh

Advocate, Supreme Court of India; Bombay High Court.
Exp
Mumbai suburban , Maharashtra

Specialization

  • Divorce
  • Criminal
  • Family
  • Domestic Violence
  • Election Campaign and Political Laws
With 18 years of professional experience as practicing advocate from criminal, appellate and original side. Practicing in High Court of Judicature at Bombay and Hon'ble Supreme Court of India. View Full Profile

Kishan Dutt Kalaskar Retired Judge

Retired Judge
Exp
Bangalore , Karnataka

Specialization

  • Divorce
  • Civil
  • Criminal
  • Cheque Bounce
  • Domestic Violence
Retired Judge 20 years service as Judge in different capacities. Read and prepared Head Notes for more than 10,000 judgments of different High Courts and Supreme Court. Head Notes published by various Law Publishers. Now preparing Head notes for www.scconline.com. Worked in different capacities an View Full Profile
Total Answers Given : 2750
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  • What is the procedure for getting divorced?
  • How long will the divorce process take?
  • What will be the cost of divorce?
  • How the property will be divided?
  • Who will get the custody of the child/children?
  • How do courts decide parenting time?
  • Is it necessary to keep husband’s name after divorce?
  • What is the difference between legal separation and divorce?

Divorce is the total disintegration of a marriage union before the demise of either life partner. It includes the cancelation of legitimate obligations and exception from any past marital obligations or bonds between the said accomplices. After divorce, one's singlehood is legitimized and they are allowed to remarry.

Legal Seperation and Divorce are distinct concepts. Legal Separation is temporary in nature, whereas, Divorce is permanent and more severe in nature. Legitimate separation offers an entryway to decide on divorce, if the distinctions turn out to be beyond reconciliation. With an invalidation in marriage, there is no optional methodology to experience.

To put things simply: Legal Separation – Marriage is in coma

Divorce – Marriage is dead

India earlier had a very extremist view of the concept of divorce. Now that perception is slowly changing. Indian judicial system employs several policies to regulate the process of divorce. Usually it takes a period of 12-18 months for the process of divorce to get completed. Divorce rates in India are very low. Around 11 marriages in 1000 marriages that is approximately 1 in every 100 marriages ends up in a divorce. There are several policies which speak of divorce, the prominent ones are-

  • The Hindu Marriage Act 1955
  • The Parsi Marriage and Divorce Act 1936
  • The Dissolution of Muslim Marriage Act 1939
  • The Special Marriage Act 1956
  • The Foreign Marriage Act 1969
  • The Indian Divorce Act 1869

Muslims are ruled by their own laws under which Nikah (marriage) is a contract. It can be temporary or permanent with the provision for a man having up to 4 wives on the condition that he treats all of them equally.

Hindus, Jains, Sikhs, and Buddhists are governed by the Hindu Marriage Act. Parsis are governed by the Parsi Divorce Act, Muslims by the Dissolution of Muslim Marriage Act 1939, Christians by the Indian Divorce Act.

There are several grounds for divorce, some of them (apart from mutual agreement) are-

  • Adultery
  • Cruelty
  • Impotency
  • Venereal Diseases, etc.

Getting a lawyer is highly advisable in instances of divorce as the issue of alimony is involved with divorces.

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