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Things to know about divorce solutions by Lawyers in Delhi


Posted On : October 10, 2020
Things to know about divorce solutions by Lawyers in Delhi

Divorce is the discontinuation or the dissolution of the marriage. Through the process of ‘dejure’ separation or divorce, a married couple can legally end their marriage. However, it is different from annulment which only nullifies the marriage contract. Divorce allows for cancelling or rearranging the responsibilities and legal duties of marriage. It dissolves all contracts that the marriage entitles to the couple.

The recent years have seen increasing growth in divorce rates. The laws regarding divorce have changed considerably over the years. Divorce law involves all issues related to marriage. It involves issues related to child custody, distribution of property, alimony, child support, parenting time and the division of debt. Divorce also allows former partners to remarry and form a family.

The divorce rates have been growing alarmingly in the metro cities of India. The past decade saw an increase of divorce in the Indian metros. A recent report by Times of India claims that 40% of marriages in Mumbai and Delhi end in divorces. The divorces remain one of the growing social concern in Indian societies today.


Things to know about divorce laws in Delhi

According to Mint.com, a web-based independent media platform, divorce in the state capital Delhi has been increasing in double digits. The reasons vary from dissatisfaction to domestic violence. The changing laws have empowered women to fight for their rights and have allowed them justice. Divorces have relieved women of their burden and subjugation to rights. Divorce laws govern all aspects of marriage and its rights in India. Divorce in India is allowed under three different circumstances. These are ‘Divorce by mutual consent’ which allows both the parties to mutually separate and dissolve the marriage. ‘Divorce without mutual consent’ or ‘contested divorce’. This divorce looks into matters relating to cruelty or domestic violence, desertion, conversion of either party, adultery and divorce due to ailments or mental or physical disorders. The third divorce if the ‘Void Marriages’ or illegal marriages are also reasons where a spouse can divorce their partner.


Laws and acts related to divorce in India

Under Section 13-B of the Hindu Marriage Act, 1955 offers divorce to all religious and social communities in India expect the Muslim community. The Special Marriage Act 1956, allows the divorce to inter-caste marriages and special marriages. The Foreign Marriage Act 1969 offers divorce solutions to partners of other nationalities. There are laws regarding domestic violence and women safety. These laws also empower women to file a divorce. The Indian Divorce (Amendment) Act, 2001 also allows legal separation. The Protection of Women Under Domestic Violence Act (D.V. Act), 2005 also allows the women to file a divorce on grounds of a contested divorce.


Lawyers in Delhi offer divorce solutions through the above mentioned legal divorce procedures. All matters relating to divorce and its subsequent authorities regarding alimony, property rights, custody of child rights are also advised by divorce Lawyers in Delhi. Divorce Lawyers in Delhi are also competent enough to offer credible advice regarding filing of divorce, claiming alimony and other rights as entrusted by the Marriage and Divorce Acts in India.

Written By :
Neha Roy Choudhury
Neha Roy Choudhury
Allahabad |

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.
question markNot knowing how to get out of a toxic relationship
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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