Divorce Lawyers in Delhi

Posted On : October 31, 2020
Divorce Lawyers in Delhi
Listen to this article

Table of Contents

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:
Neha  Roy

Neha Roy

Recommended Free Legal Advices
question markProcedure for Name Change* Newspaper Publication *Gazette Notification 3 Response(s)
Hi, The first level of getting your publication notified is through the publication of newspaper notifications in order to make the name change known to the public. In this manner, the newspaper notification contains a brief statement which contains the old and the new name. This showcases whether your date of birth and father’s name for better identification of persons. If you’re 18 years and above then you plan on changing your name with just three simple steps: 1.Create an Affidavit For Name Change. 2.Publish your name change ad in a regional newspaper. 3.Apply for Gazette notification. All the steps of the procedure are required to be fulfilled.
question markrequest the legal procedure of name change in India 3 Response(s)
Dear Sir, Karnataka Govt. has its own rules and same has to be followed by all the companies in Karnataka. The link is below: The Karnataka Government Servants (Procedure for Change of Names) Rules, 1967. http://www.schooleducation.kar.nic.in/pdffiles/Forms_Proc/ChangeOfNameGovtServants.pdf BRUHAT BENGALURU MAHANAGARA PALIKE TO OBTAIN BIRTH AND DEATH CERTIFICATES OF ALL THE EVENTS OCCURED IN THE http://bbmp.gov.in/documents/10180/456501/FAQs+(Statics+English).pdf/d4ca9b70-668c-45c4-a0f2-5b51df341e4e Experience share by an individual http://www.vijaypadiyar.in/blog/2012/06/how-to-change-name-legally-in-india/comment-page-6 Notifying In Karnataka Gazette Regarding Your Name Change https://legaldesk.com/name-change/name-change-process-karnataka https://www.oneindia.com/feature/name-change-procedure-in-karnataka-gazette-2427680.html Procedure to correct name in SSLC marks card? There is a procedure you have to follow for correction of name in the SSLC mark sheet and you have to file an application for it to the board which will be forwarded by the School Headmaster. You can get your name changed by following a simple procedure which is given below. • Just explain your problem to your school Headmaster that you have this problem in your mark sheet. • You will be given an application form for correction of name in your certificate. • You have to forward various documents related to your admission in the school with this application like admission form which was filled during admission into the school, school leaving certificate and other relevant documents related to your admission which mentions your correct name. • This application will be forwarded to the board by your school headmaster and if your documents are valid then there will be no problem in correction of your name in the marks sheet. SARALA ONLINE SERVICES - KARANTAKA Rate me Five Star*
question markWife is threatening and blackmailing me 2 Response(s)
As per the case details the answers to the queries are as follows: 1. You may lodge a GDE with the local Police Station that your wife is working in Bangalore and has not been staying with you and lastly she has come to you in Sept., 2019 and returned to Bangalore on ..... (mention the date). 2. If you file section 9 she may file a case under Domestic Violence Act and also under section 498 A of IPC as you are apprehending. 3. If she forces you for divorce by filing a case either you may agree to that or contest the case and as she is working she cannot claim maintenance from you.
question markEncumbrance issue - how to get total refund (voiding the sales agreement) 2 Response(s)
Dear Sir, Sale agreement may hold good only if necessary stamp duty and penalty for non-registration is paid. You may get issue a legal notice and cancel the sale agreement and claim refund. For full procedure contact me on mobile through Vidhikarya.
question markSearching for a Competent But Trustworthy Divorce Lawyer in Delhi with a Track Record of Success 12 Response(s)
Limitation Act does not apply to divorce proceedings because it is a continuing cause of action. Though cruelty can be proved in many ways, the grounds of adultery is a double edged sword. Strict proof is needed. Further, adultery should not be condoned for a long time. If condoned, it is not available as grounds. And alleging current adultery on a 56 year old woman should also be done rather cautiously. You can find lawyers stationed in Delhi from Vidhikarya. Moreover, the case will be definitely posted for mediation and counselling. That may be a good way of resolving the issues. If issues cannot be sorted out by mediation, the best way is to defend the Divorce Case itself, like you said, by engaging an advocate stationed in Delhi and of high Integrity. The husband can also file a case for restitution of his rights asking the wife to return home.