- Legal advice online by expert divorce lawyer
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- Divorce proceedings on the grounds of
- Restitution of Conjugal Rights
- Nullity of Marriage
- Judicial Separation
- Maintenance pendent lite and expenses for proceedings
- Permanent alimony and maintenance
- Mutual Divorce matters
- Domestic Violence matters
- Divorce under Hindu Marriage Act
- Divorce under Special Marriage Act
- Divorce under Christian Marriage Act
- NRI divorce matters
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A BRIEF OUTLINE OF DIVORCE LAWS IN INDIA
The divorce laws in India is contained in Hindu Marriage Act, 1955 and all the divorce proceedings between the Hindus are conducted in accordance with the provisions as contained under The Hindu Marriage Act, 1955. Various matrimonial disputes under The Hindu Marriage Act, 1955 are as under:
GROUNDS OF DIVORCE
A decree of divorce can be granted by the competent court on any of the following grounds:
- Voluntary sexual intercourse with any person other than his or her spouse after solemnization of the marriage.
- The petitioner has been treated with cruelty after solemnization of marriage
- The petitioner has been deserted by the other spouse for a continuous period of not less than two years immediately preceding the presentation of the petition
- The other spouse has ceased to be a Hindu by conversion to another religion
- The above four grounds are commonly referred to as adultery, cruelty, desertion, apostasy and mental disorder
- Additional grounds on which marriage can be dissolved:
- Section 13(1)(v) with its Explanation in clauses (a) and (b) takes care of cases in which one
- Spouse is suffering from mental disorder and the other is coming in for divorce on that ground
- The other party has been suffering from a virulent and incurable from of leprosy. The requirement of such disease continuing for a period not less than 3 years immediately preceding the presentation of the petition has been omitted by the Marriage Laws (Amendment) Act,68 of 1976
- The other party has been suffering from venereal disease in a communicable form. Here also the requirement of 3 years has been dispensed with the 1976 amendment
- The other party has renounced the world by entering any religious order
- The other party has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he had been alive
- That there has been no resumption of cohabitation as between the parties to the marriage for a period of one year or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties; or
- That there has been no restitution of conjugal rights as between the parties to the marriage for a period of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.
GROUNDS OF DIVORCE AVAILABLE TO WIFE:
- Under sub-section (2) of Section 13, a wife may present a petition for the dissolution of her marriage by a decree of divorce on the following grounds:
- In case of marriage solemnized before the commencement of this Act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of solemnization of the marriage of the petitioner; provided that in either case the other wife is alive at the time of the presentation of the petition;
- That the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality; or
- That in a suit under Section 18 of the Hindu Adoption and Maintenance Act, 1956, or in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, a decree or order, as maintenance to the wife notwithstanding that she was living apart and that since the passing of such decree or order, cohabitation between the parties has not been resumed for one year or upwards; or
- That the marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.
- This clause has been inserted by the Marriage Laws (Amendment) Act, 1976 and has been given retrospective effect.
DIVORCE BY MUTUAL CONSENT OF THE PARTIES:
DOWNLOAD MUTUAL DIVORCE PETITION FORMAT
Section 13-B. Divorce by mutual consent:
Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment)Act,1976,on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition in not withdrawn in the meantime, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass of decree of divorce declaring the marriage to be dissolved with effect from the date to the decree.
The section prescribes the following requirements:
- The parties must have been living separately for more than an year immediately before the petition.
- The parties are not able to live together. This may be due to any cause whatsoever, for example, mutual discomfort, temperamental differences or for any reason.
- They have on voluntary basis agreed for mutual divorce. There should be no force or fraud by one upon the other or by others in the act of granting consent to divorce.
- All the issues of alimony, custody of the children if any etc have been settled between them mutually.
The process of mutual divorce is in two stages:
STAGES OF MUTUAL DIVORCE; FIRST MOTION AND SECOND MOTION
The parties intending to obtain mutual divorce can engage a divorce lawyer in India and state him all the facts and circumstances leading to the filing of the divorce petition. The duty of divorce lawyer in India is to prepare a divorce petition on the basis of the inputs of the parties. The parties file mutual divorce petition on the basis of mutual grounds as agreed and the court records the statement of both the parties. The first motion is over at this stage. It is always better to avail the services of divorce lawyer in India for recording such statements and conducting the proceedings before the court.
The second motion can be filed after six months of the recording of the statement of the parties and before eighteen months. The parties will again file the second motion supported by affidavit duly sworn by them and the court will record their statements and pass the decree of divorce on the basis of the same. The services of divorce lawyer in India can be engaged for the said purpose for doing all the needful before the court.
EXPERT DIVORCE LAWYER:
The role of a divorce lawyer in India becomes very important due to the fact that the divorce proceedings can be initiated only on the limited grounds as provided under the law hence the role of the divorce lawyer in India becomes crucial so as to incorporate all such grounds in the petition for filing the divorce proceedings before the court. The duty of Divorce lawyer in India is to seek the proper facts related to the case and then draft the petition for divorce according to the law and then prosecute the same before the court properly.
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