If you are planning to get divorced, you will want to find the Best Divorce Lawyers in Karkardooma Court to help you with your case. This is not a decision that should be taken lightly, as the lawyer you choose can make a big difference in the outcome of your case.
There are a few things to keep in mind when you are looking for a divorce lawyers in Karkardooma Court. First, you will want to find someone who has a lot of experience handling divorce cases in this court. This experience will give the lawyer a better understanding of the law and how it applies to your case. Second, you will want to find a lawyer who is comfortable working with you and who you feel you can trust. This is important because you will be sharing a lot of personal information with your lawyer during the divorce process. You need to be able to trust that your lawyer will not use this information against you in court.
The legal procedure of a divorce is determined by the kind of divorce being sought. Depending on the circumstances of the divorce, it might take more than a year to finally dissolve the marriage. However, while we are here, you won’t have to be concerned at all. Advocate Tushar Srivastava is the Best Divorce Lawyer in Karkardooma Court. If it is a mutually agreed-upon divorce, the procedure will be comparatively speedier and less difficult. When there is a child custody case involved, the divorce process may take longer. Our lawyers, on the other hand, do all in their power to complete the case procedure as quickly as feasible.
Mutual Divorce Lawyers in Karkardooma Court
When both parties, i.e., the husband and wife, mutually agree to pursue a divorce, the courts will award a decree of divorce with mutual consent, so ending the marriage. In order to qualify, the couple must demonstrate that they have been separated for more than a year and that they are unable to live together. The most distinguishing feature of a divorce by mutual agreement is that issues such as child custody, child support, and property rights may be settled by both parties without a court proceeding. Depending on whether or not the courts feel that there is a potential of reconciliation between the parties, they may mandate a period of 6 to 18 months between the day the divorce petition is filed and the date the divorce decision is formally issued. Please keep in mind that living apart does not always imply living in different places; the couple just has to demonstrate that they have not been living as husband and wife throughout the time period in question. The Hindu Marriage Act of 1995, Section 13B, provides that The subject of mutual divorce is discussed. Divorce by mutual agreement is less costly and more expedient than a disputed divorce since it is uncontested.
A divorce decree will not be issued if either the woman or the husband withdraws their’mutual agreement’ to divorce after the 18-month time has expired. In such circumstances, the consent to divorce will be deemed to have been withdrawn by either the wife or the husband.
Contested Divorce Lawyers in Karkardooma Court
A disputed divorce is one in which a petition is filed on the basis of one of the reasons stated in Section 13 of the Hindu Marriage Act, 1955, and on which the petition is granted. When deciding on a contentious divorce, the husband and wife are at odds with one another. Matters like as child custody, support, and other similar issues are often far from being resolved. In accordance with the legislation, there are 11 reasons for divorce that are open to both the husband and the wife, with five of those grounds being available exclusively to the woman against her husband.
Grounds for divorce
Cruelty
Cruelty may take the form of physical or emotional abuse. As stated in the Hindu Divorce Laws of India, if one spouse has a reasonable suspicion that the other spouse’s behaviour is going to be damaging or detrimental, then there is adequate grounds for getting a divorce on the grounds of cruelty by the other spouse.
Adultery
Adultery can be ground for civil issues including dissolution of marriage but it cannot be a criminal offence,” the apex court of India had said.
Desertion
When one spouse abandons the other without a good reason (such as cruelty, for example), this is considered grounds for divorce. The spouse who abandons the other, on the other hand, must intend to abandon and provide evidence of this intention. According to Hindu law, the desertion must have lasted for a minimum of two years in a continuous period. Christians, on the other hand, will be unable to submit a divorce petition purely on the basis of their religious beliefs.
Conversion
The conversion of one’s spouse to a different religion might result in the filing of a divorce petition by either spouse. When filing for divorce for this reason, there is no requirement that any amount of time has elapsed.
Dissolution of Marriage due to Mental Illness
If one spouse is unable of executing the regular obligations demanded of him or her in the marriage due to mental illness, a divorce may be filed. If the mental disease has progressed to the point that the typical responsibilities of married life are no longer possible.
Opting Sanyasa
If one spouse chooses to give up his or her married life and enter into a state of nirvanna/sanyasa, the aggrieved spouse may seek a divorce from the other.
Presumption of Death
If the spouse has not been known of as being alive for a period of at least seven years by those who would have heard of such spouse if he or she were alive, then the spouse who is still living may get a court judgement of divorce from the other spouse who is still alive.
To file for divorce in India, you will need to provide certain documents.
• Marriage Certificate / Invitation Card / Photographs • Proof of Petitioner’s Address • Proof of Petitioner’s Identity
In addition to the Affidavit (Income & Expenditure), the petitioner must provide a passport-sized photograph. Following the completion of the VAKALTNAMA, our attorneys will manage the remainder of the divorce proceedings.
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