Divorce Lawyers in Vikas Puri

Best Divorce Lawyers in Vikas Puri

Divorce in India

Divorce laws in India are worked out under various personal laws concerning religion, like the Hindu Marriage Act of 1955, Muslim Personal Law, Special Marriage Act of 1954, and Indian Divorce Act of 1869. Divorce under mutual consent and contested petitions depends on the case. It is imperative to seek expert representation if one wants to fathom the nuances of divorce proceedings.

Different Types of Divorce Cases

The flavour of a divorce case varies as there may be different types of disputes and grounds of law for these types of cases. The general types of divorce take on the following forms:

Mutual Consent Divorce 鈥� Both give consent to dissolve the marriage.

Contested Divorce 鈥� Dissolution of marriage is being pursued by one party against the wishes of the other party.

Cruelty Divorce 鈥� Marriage dissolution due to cruelty on a spouse is filed under Section 13(1)(i-a) of the Hindu Marriage Act.

Adultery Divorce 鈥� If any other kind of marriage is undertaken by the spouse, such an action would grant grounds for an immediate divorce.

Desertion 鈥� Where a spouse has absented himself/herself from the partner for a continuous period.

Divorce by Mental Disorder 鈥� A petition for divorce can be filed for the spouse being diagnosed as having a serious mental disorder.

Divorce for Irretrievable breakdown of marriage 鈥� In some judgments of the Hon'ble Supreme Court, this was included.

Offences and Punishments Under the IPC Related to Divorce

Under IPC, several offenses are punishable in the event of divorce:

• 498A: Outrage the woman by cruelty: Up to 3 years of imprisonment.聽
• 497: Further decriminalization of adultery can facilitate a ground for divorce.聽
• Section 125 of CrPC: Maintenance claims for wives, children, and parents.

When a spouse rapes the other, it can fall under the definition of rape according to IPC Section 375.

Essential Documents Required for Divorce

For divorce petition filing, the following documents are required:

• Marriage Certificate
• Proof of address of both spouses
• Photographs of the couple
• Income tax return of the last 3 years
• Details of assets and liabilities
• Proof of separation period
• Supporting documents for cruelty, abuse, or any legal allegations聽
• Terms of mutual agreement (for mutual divorce cases)

Case Studies 鈥� True Legal Battles

鉁� Case Study 1: Mutual Consent Divorce Settled in 6 Months
The couple from Vikas Puri filed a mutual consent divorce and settled the matters regarding child custody and alimony amicably in 6 months to ensure that the divorce was smooth.聽

鉁� Case Study 2: Contested Divorce against Domestic Violence
A woman suffering domestic violence filed for divorce under Section 498A, and our team represented her in getting a fair settlement with custody of the children.

Divorce in India and the Law

The Hindu Marriage Act-1955: A divorce for Hindus, Buddhists, Jains, and Sikhs is covered under the Act.

The Indian Divorce Act-1869: Dealing with the Christian marriage and divorce.

Under the Muslim personal law, Talaq, Khula, and Mubarat are some of the ways for getting a divorce in Islam.

The Special Marriage Act- 1954: deals with inter-religious or with respect to registered civil marriages.

FAQs 鈥� Divorce Law in India:

Q. How long is the divorce process in India?
A: Mutual consent divorce takes 6 months to 1 year, while contested divorces extend from 2 to 5 years, depending upon the complexity of the case.

Q. Can I remarry immediately after divorce?
A: Not before obtaining the final divorce decree. For Hindu marriages, a 90-day period is applicable if there is an appeal against the divorce decree.

Q. What if my partner denies divorce?
A: Contested divorce proceedings can be initiated against the partner basing the legal grounds for the divorce such as cruelty, desertion, and adultery.

Q.聽What is the fee for a divorce lawyer in Vikas Puri?
A: Fees depend on the legal practitioner's own choice and range depending on the complexity of the situation and how far the case has extracted into court proceedings. Basically, contested divorces are of course more expensive.

Q. Can a wife claim maintenance after divorce?
A: Yes, she can. She is entitled to maintenance under Section 125 CrPC if she is unable to maintain herself.

For expert legal consultation, contact us round-the-clock at聽Call/WhatsApp: +91 8100007400