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No individual has plan for divorce at the time of solemnization of marriage. It is the result of circumstances. Individuals should try and make possible efforts to save the marriage keeping the best interests in mind.
Divorce is the legal dissolution of marriage. Since India is a land of varied religious communities having their own marriage laws, the divorce procedure too varies, according to the community of the couple seeking divorce.
Expert legal opinion on divorce would help you in forming correct opinion. Informed decisions always help. Know your ground before taking action!!!
We offer consultation in divorce cases utilizing our vast and exclusive experience. Mode of interaction can be either face to face meeting or over the phone.
MUTUAL CONSENT DIVORCE
Divorce by mutual consent is the simplest and easiest way of dissolving marriage. A simple step by step procedure for mutual consent divorce is laid down as under for easy understanding:-
1. Husband and wife have to reach to Mutual Understanding and agreement regarding terms and conditions of Divorce.
2. On the basis of settlement and agreement, petition for Mutual Consent is drafted.
3. Mutual Divorce Petition will include all the understanding and settlement made between the parties.
4. Mutual Consent Divorce Petition shall be filed in the Court and generally parties have to be present before the Court while filing the petition.
5. The presenting of the petition for divorce by mutual consent is also legally knows as the “The First Motion Petition for Mutual Consent Divorce”.
6. The “Second Motion Petition for Mutual Consent Divorce” when the partners reappears after six months before the court. A gap of six months is provided in the statute between two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage.
7. Court may record the statement of the parties or refer the parties to the conciliation/mediation, when the parties reappear after six months.
8. Court will pass order and judgment with regard to the divorce.
The divorce procedure in India is still complex and you will have to contest the divorce for several months and is a long drawn legal affair. However, the time and money required to obtain a divorce can be considerably shortened if the couple seeks divorce by mutual consent.
Husband or wife desirous of divorce approach the Family Court for the dissolution of marriage, spouse seeking divorce has to take one of the grounds provided under the law, there are different laws dealing with contested divorce for different section of the society.
Contested Divorce proceedings commences with the filing of Divorce Petition, thereafter Court will causes a notice to be served on the opposite party for their appearance.
On receiving the summons opposite party appears in person or through a pleader/lawyer.
Court may try to resolve the differences by conducting conciliation or sending the matter to mediation center. If there is not settlement between parties, divorce case proceeds as per procedure. Both parties have to provide evidences after conclusion of evidences and cross examination, final arguments are advanced by both parties, thereafter the court pronounces judgment.
Contested divorce requires expert divorce lawyer either in prosecuting or defending divorce case. Such expert divorce lawyer guides, strategize and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial of the case for a favorable outcome.
RESTITUTION OF CONJUGAL RIGHTS
In cases where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the court. The court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. This remedy is often used strategically in fighting matrimonial cases.
498A and CRIMINAL PROCEEDINGS
Matrimonial disputes are not confined within the realm of Family Laws or Court. The aggrieved wife can file criminal case whenever there is a dispute and cruelty by the husband. Expert guidance is required in filing appropriate complaint. The husband and his relatives require expert guidance and services in obtaining anticipatory or regular bail and in defending as well as prosecuting the case.
Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self.
Custody of a child is decided by the Court on a petition filed by either Mother or Father, welfare of the child is the paramount consideration before the court while deciding the questions as to who is entitled to have the custody of children. Custody order can be permanent, temporary and visitation rights. Type your paragraph here.
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