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 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.
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;
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.
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 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.
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.
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