Experienced Group Of Divorce Lawyers Delhi – Divorce proceedings are very important and crucial proceedings hence one needs the services of an experienced group of divorce lawyer Delhi to handle the same with confidence. In India, divorce laws are very complex. The situation becomes more complex with the issues of adultery, cruelty, desertion in various laws applicable.
IMPORTANT: For urgent requirements of our services mail us at legalhelplineindia@gmail.com with details of date and place of marriage etc.
It is thus all the more very important to have experienced group of divorce lawyers Delhi to advice and take up the matter. The issues very often become more and more complex with the conduct of one of the spouses during the court proceedings thereby affecting the life of the other partner.
STEP-I: Filing of the divorce petition containing the facts of the case, the grounds of divorce containing all details of the parties.
STEP-II: Family Court scrutinizes the divorce petition and issues notice on the divorce petition to the other party against whom the divorce petition has been filed.
STEP-III: The parties to the divorce proceedings are directed to appear before the court for mediation. In most of the cases, efforts by the court is made to reconcile the parties. In the event of failure of the reconciliation, proceedings and the matter is posted for further hearing.
STEP-IV: The Family Court directs the opposite party to file a written statement to the divorce petition and take all his defences.
STEP-V: The petitioner is directed to file his rebuttal/rejoinder to the written statement filed by the opposite party. The application for interim maintenance etc is decided by the court at this stage of the case.
STEP-VI: Court frames the issues for adjudications and the matter is posted for evidence of the parties.
STEP-VII: Petitioner is directed to lead its evidence by way of filing the relevant documents, papers and by summoning all its witnesses.
STEP-VIII: Respondent is asked to lead its evidence by way of fling of the relevant documents, papers and by summoning all its witnesses.
STEP-IX: Final arguments in the matter are held and the matter is decided by the court.
STEP-X: The court passes the decree of divorce or rejects the matter based on the entire facts, evidence and law.
The law related to the maintenance of wife is contained in Section 24 of the Hindu Marriage Act,1955 and Section 36 of The Special Marriage Act,1954 . Family Court is empowered to issue orders for the maintenance of the wife or the husband during the pendency of the proceedings of divorce before the Family Court.
Family Court takes a summary view of the entire facts of the case and then decides the application for the interim maintenance which is based upon the estimated earnings and level of living of the husband and the wife.The court also awards the cost of the proceedings of divorce.
Section 125 of the Code of Criminal Procedure,1973 also deals with the subject of the maintenance of the wife and the minor child under the Indian laws. An application under Section 125 of the CrPC can be filed before the concerned Metropolitan Magistrate or Family Courts for the grant of the maintenance by the wife and the child. The court orders for the maintenance of the wife and the children. In the event of failure by the husband to pay the said maintenance, the court may pass orders for his custody in jail or impose other orders as well.
Domestic Violence Act, 2005 also deals with the subject of maintenance of the wife and the child.
Hindu Adoptions and Maintenance Act, 1956 also deals with the subject of maintenance of the wife and the minor child. A civil suit for grant of maintenance by wife and the minor child can be filed before the Civil Court.
NOTE: We have a team of experienced divorce lawyers for all services, mail us at legalhelplineindia@gmail.com giving a brief description of the facts viz date and place of marriage etc.
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