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A Brief Explanation About Divorce | Procedure, Filing Etc.​

Divorce matters in India are handled under the different marriage acts for different religions. In the ancient time, divorce almost did not exist in Indian culture because marriage was regarded as sacred. However, with the changing times, divorce has become common. Instant Divorce Lawyer.

Divorce filing procedure:

  • The couple hires a Best Divorce Lawyer.
  • The couple files a petition in the court through the lawyer.
  • They receive a copy of the petition.
  • Both the partners may either mutually agree to the divorce or one partner may not want to divorce. In the latter case, the divorce will be contested and you should immediately Hire Divorce Lawyer Online.
  • The further procedure depends on the case circumstances.
  • In case of mutual divorce, the couple must prove that they are not living as husband-wife for the past one year. Then, they simply sign the divorce papers.
  • In case of contested divorce, the husband/wife must put grounds for divorce and the case goes to court. A lawyer is a must in this case.
  • The court grands six months to let the couple reconsider their divorce decision. However, as per the new rule, now this 6-month period is not mandatory.
The procedure for filing for divorce in India is governed under Code of Civil Procedure, 1908.

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File a Mutual Consent Divorce

When both the husband and the wife wants to end the marriage they can file for divorce and this type of divorce is called mutual consent divorce. This one is less traumatic and less expensive compared to contested divorce, as both parties peacefully carry out the legal procedure and part ways…read more.

File a Contested Divorce

Best Divorce Lawyer In India : Contested divorce happens when only one partner wants a divorce and the other does not. This often leads to fight between the couple. In this case, it is necessary to hire a lawyer so that he/she can represent your case because you will need to prove in court that your spouse is not fit to live with…read more.

Reply/Send Legal Notice for Divorce

A legal notice is a formal communication sent to the opposing party to inform them about one’s intention to take legal action against them. In this case, a legal notice for divorce is a formal communication by one party to the other informing about the party’s decision to divorce the other….read more.

Appeal in Divorce Case

You can file an appeal in the high court against a decree of a subordinate court requesting the court to re-examine the case…read more.

Dowry Demand/Domestic Violence/Abuse

Dowry demand, domestic violence, and abuse of any kind (mental or physical) are grounds for filing for divorce in India. There is a separate law named Protection of Women from Domestic Violence Act, 2005. Indian law does not (still) consider men as victims of domestic violence. Section 304(B) of IPC deals with dowry deaths….read more.

Alimony/Maintenance Issue

Alimony or maintenance is a particular amount of money that a person pays to his wife after the divorce, either as a lump sum amount or monthly payment. But a man can also avoid paying maintenance to his ex-wife in certain circumstances…read more.

Child Custody

One of the most challenging aspects of divorce is child custody, which refers to giving custody of the child to one parent. This means the parent has full right to taking decisions for the child and taking care of the child in all aspects….read more.

Family/In-Law Problems

Although problems between mother-in-law and daughter-in-law (in Hindi, “saas and bahu”) are common in India and it is best to resolve them at home, there are times when the in-laws inflict atrocities on their daughter-in-law. In such cases, the daughter-in-law can file a case against her in-laws with the help of a lawyer….read more.

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    Our team of lawyers are certified through the Bar Council of India and have worked on umpteen numbers of cases successfully.

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