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Divorce Lawyers in Delhi


Posted On : October 31, 2020
Divorce Lawyers in Delhi

Divorce Lawyers in Delhi Reveal the increasing trend in Divorce Rates

Delhi has been one of the hotbeds for divorces in India. Recent times have seen increasing divorce cases in the capital. According to Indian Express and divorce lawyers in Delhi, Delhi is turning out to be the divorce capital in recent times. Divorce has been attached to a social stigma. The increasing trends of divorce have exposed the reality of the present society. With increasing trends of independence and legal changes, the rates of divorces have increased over time.

 

The changing scenario of divorce in Delhi 

The last decade has seen instrumental growth in divorces across the country. Delhi has also seen increasing divorces in recent years. The past few years have seen doubling figures of divorces in Delhi. The Times of India reports that Delhi has seen over 9000 cases of divorce in the last few years. The reasons for increasing divorce rates are due to the changing laws that regulate marriage and divorces. Laws relating to women's safety and domestic violence have also encouraged divorces. Women have become independent and these laws have empowered women with equal rights and independence. Divorces now are no longer a taboo and societal stance has changed a lot in the last decade. These are also reasons for the increasing divorce rates in Delhi.


What divorce lawyers in Delhi say about the Divorce and Marriage Rules

Divorce lawyers in Delhi think that changing divorce laws have allowed women to present themselves independently and file divorce. The Protection of Women Under Domestic Violence Act (D.V. Act), 2005 has offered women with great opportunities to raise their voices against discrimination, domestic violence, and cruelty which end up in divorce. The divorce laws that govern the rules of divorce are sanctioned by three major marriage acts. These are;

  • The Hindu Marriage Act, 1955
  • The Special Marriage Act 1956
  • The Foreign Marriage Act 1969 and
  • The Indian Divorce (Amendment) Act, 2001

Section 13-B of the Hindu Marriage Act, 1955 allows the divorce to be filed by an individual. This allows divorce between individuals of the same religion or caste. The Special Marriage Act 1956 empowers all inter-caste and interfaith divorces. The Foreign Marriage Act 1969, is for foreign individuals where either of the partners is a foreign individual. The Indian Divorce (Amendment) Act, 2001, has allowed filing a contested divorce or a divorce without consent. To understand the applicability of these laws we need to understand the nature of divorces that are allowed in India.


The nature of Divorces in India 

Divorces in India are permitted under three different circumstances. The laws governing divorce in India allow three different types of divorces. The different divorces are mentioned as: 

  •  Divorce with consent or Mutual Divorce
  • Contested Divorce or Divorce without Mutual Consent
  • Void Marriages

Divorce with consent or Mutual divorce is the amicable settlement between two partners. It allows for the smooth separation of the partners with no contests or claims. Here the parties generally do not accuse each other and part ways harmoniously. However, to file a mutual divorce, a cooling-off period is administered by the family court. This is done to offer the last chance for reuniting. A contested divorce is a divorce where one party is not willing to divorce the other and there is a conflict of interest. This can be filed on several grounds. The most common grounds include domestic violence, cruelty, dissatisfaction from marriage, abandonment of the partner, or on grounds of adultery or deceit. The void marriage is the nullification of marriage and the legality nullifies the marriage owing to its illegal nature.


Advice from Divorce Lawyers in Delhi 

Since the disassociation of marriage arises with its own set of penalties it needs proper direction and advice. Professional experts can offer credible solutions that can solve issues regarding divorces. The disputes relating to child custody, or parenting rights also need to be handled with adequate care. There are also disputes relating to alimony, property rights, parenting time, and division of debt. The solutions that divorce lawyers in Pune offer brings a considerate solution to divorcing couples. It is necessary to have a professional legal aid that can guide an individual with the process that eliminates the complexity of divorce.

Written By :
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Neha Roy

Recommended Free Legal Advices
question markDivorce - Here I want to describe my condition
Dear Client, In this case, you must hire a divorce attorney. He/she will guide you all the necessary requirements for seeking a divorce when one party refuses to give. Further, the court can grant a divorce on the basis of mental cruelty which the wife is causing. Thankyou.
question markDivorce -married since 2010 and have two kids
Dear Sir, You have to bring her to the Court for mutual divorce and its procedure is as follows: ========================================================== What is the procedure for obtaining divorce by mutual consent? 1. If all the aforesaid conditions are satisfied, both husband and wife can file a joint petition before the District Court. This petition should be signed by both parties to the marriage. Such joint petition is usually required to be filed in the District Court at the place where the marriage was solemnized or where both parties lived together last. 2. Upon filing of the joint petition, statements of husband and wife will be recorded by the Court. 3. Thereafter, a period of at least 6 months is given by the Court. This is the legal requirement under Section 13-B(2) of the Hindu Marriage Act. During this period of 6 months, husband and wife can make efforts for reconciliation. 4. If they arrive at a compromise within this period and decide to resolve their differences and decide to live together again, they can withdraw the joint petition filed by them. 5. In fact, even one of the parties to the marriage, i.e., either husband or wife, can also withdraw his or her consent to the joint petition for divorce by mutual consent. 6. However, if both parties are not able to resolve their differences and make a second motion after 6 months (but, it has to be before the period of 18 months), the Court will hear both parties. 7. After hearing both parties in this manner, and after making such inquiry as it thinks fit, the Court, on being satisfied that a marriage has been solemnized and that the averments made in the joint petition are true, shall pass a decree of divorce declaring the marriage to be dissolved. 8. The marriage will stand dissolved from the date of such decree passed by the Court. Thus, divorce by mutual consent is advisable where it is impossible for the husband and wife to live together any more and where they have come to the conclusion by mutual agreement that it is better to dissolve the marriage. This process avoids the allegations made by either party against the other, which are usually seen in most matrimonial disputes. Divorce by mutual consent is a comparatively faster and easier method of getting the marriage dissolved when both husband and wife mutually agree to get the marriage dissolved. At the time of such mutual agreement, they should also amicably settle other issues, such as custody of children, disposal of common property, the alimony to be paid, etc. I could have explained more if background is known to me. I am at your service if you visit my office. Please give me FIVE STAR if satisfied by my answers and you may approach me through Vidhikarya for further clarifications.
question markRegarding annulment of marriage
Dear Client Annulment of marriage is possible within a year of marriage and post one year you can file a case for divorce on the ground of infidelity and cruelty. If you are able to prove the cruelty that has been caused to you by her due to her engagement with the boyfriend then yes it will be in your favour.
question markDivorce 498& DVC against me
Dear Client The GPA does not work in the case of matrimonial disputes and the parties have to appear in person to he court assisted by its advocate on record. Since in your case the other party, your wife, has appeared and if she does not appear for few times then the court will pass an ex parte order in your favour.
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Dear Client Sorry to know about your situation and pains that you are going through. If your marital relationship has turned so sour and your husband is neither cooperating with you nor he is living with you then it makes sense to dissolve the marriage and move on with your future. You can get the divorce on the grounds of cruelty and desertion by your husband. In all likelihood the custody of the child will remain with you.

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