Divorce Cases
We have the best family lawyers to handle a wide range of cases, including divorce, child custody, child support, alimony, and property division.
Divorce Law Overview:
Divorce is the legal dissolution of a marriage by a court or other competent authority. In India, divorce laws are governed by different acts depending on the religion of the parties involved, such as the Hindu Marriage Act, 1955 for Hindus, the Indian Divorce Act, 1869 for Christians, and the Muslim Personal Law (Shariat) Application Act, 1937 for Muslims. Divorce proceedings can be complex and vary based on whether the divorce is contested or mutual. Our skilled advocate or lawyer can guide individuals through this process, ensuring their rights are protected and that they achieve a fair outcome.
Contested Divorce:
A contested divorce occurs when one spouse files for divorce and the other spouse contests it, meaning they disagree on issues such as grounds for divorce, child custody, alimony, or division of property.
In such cases, the court examines the grounds for divorce presented by the filing spouse, which may include cruelty, adultery, desertion, or mental illness, among others. The court then decides whether to grant the divorce based on the evidence and arguments presented by both parties. Contested divorces can be lengthy and emotionally challenging due to the legal battles involved.
Our lawyer will help you by representing your interests in court, gathering and presenting evidence, and negotiating settlements on contentious issues like child custody, alimony, and property division.
Mutual Divorce:
Mutual divorce is a process where both spouses agree to end their marriage amicably, without contesting the terms of the divorce. Under the Hindu Marriage Act, 1955 (Section 13B), a mutual divorce can be granted if both parties have been living separately for at least one year and have mutually agreed that the marriage should be dissolved.
The couple must jointly file a petition for divorce, and after a mandatory waiting period (usually six months), the court grants the divorce if it is satisfied that the parties are voluntarily seeking separation. Mutual divorce is generally quicker and less stressful than a contested divorce.
Our advocates help streamline the process by drafting the joint petition, ensuring all legal requirements are met, and facilitating a quick and amicable resolution in court.
Judicial Separation:
Judicial separation is an alternative to divorce where the court allows the spouses to live separately without legally ending the marriage. This option is available under Section 10 of the Hindu Marriage Act, 1955, and other personal laws. Judicial separation provides the couple time apart to contemplate their relationship and decide whether to reconcile or proceed with a divorce. During this period, the couple remains legally married, but they are not obligated to live together or fulfil marital duties. Judicial separation can be sought on grounds similar to those for divorce, such as cruelty or desertion.
In situations involving Judicial Separation, our skilled lawyer assists by advising on the grounds for separation, preparing necessary documentation, and negotiating terms related to maintenance and child custody.
Marriage Declared Null and Void:
A marriage can be declared null and void if it fails to meet the essential legal requirements of a valid marriage. Under Section 11 of the Hindu Marriage Act, 1955, a marriage is considered null and void if it involves bigamy (one spouse is already married to someone else), the parties are within prohibited degrees of relationship, or if either party is a minor at the time of marriage. A null and void marriage is considered as never having legally existed, and either party can file a petition to have the marriage declared void.
For example, if one party conceals crucial information such as a previous marriage or serious illness, and the other party discovers this after the marriage, they may petition the court to declare the marriage null and void on the grounds of fraud or misrepresentation.
When it comes to Declaring Marriage Null and Void, our advocates will provide essential support by identifying and proving grounds for annulment, such as fraud or misrepresentation, and guiding the client through the legal process to have the marriage declared void, ensuring their rights are protected throughout.
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