Procedure Of Divorce in India
Best Divorce Lawyer in Delhi
Divorce is the formal dissolution of a marriage accomplished by submitting a petition to a court of law. When a court issues a divorce judgment, it dissolves the couple’s matrimonial union and ends the marriage as a whole. Along with the divorce of the husband and wife, other issues related to it include the division of assets and property as well as the child custody dispute. Every religion in India has its own laws and processes governing divorce. It is a sensitive and challenging process that calls for serious thinking and legal counsel. The Hindu Marriage Act, the Muslim Personal Law (Shariat) Application Act, the Indian Christian Marriage Act, The Divorce Act, 1869, and the Special Marriage Act are only a few of the personal laws that govern divorce in India. Depending on the couple’s personal law, the divorce procedure may change with a legal support of best divorce lawyer.
What Procedure Must Follow for Divorce?
Usually, the procedure for divorce in India can vary depending on the personal law applicable to the couple. If you are planning for divorce then you need to get a legal support from the best divorce lawyer in Delhi who can help to deal your case in the court on your behalf by following various steps;
- We firstly get connect with a party to understand their issues and then file a divorce petition in the relevant court. The petition must state the grounds for divorce, such as cruelty, adultery, or irretrievable breakdown of marriage. The court will issue a notice to the other party, i.e., the respondent, asking them to respond to the petition.
- The respondent must file a response to the divorce petition within a specified period. The response must state whether they agree or disagree with the grounds for divorce and whether they want to contest the case.
- The parties may exchange information and evidence through the process of discovery. This may include the exchange of documents, witnesses, and other evidence to support their case. While you don’t need to be worry because Advocate Karan Dua is the best divorce advocate in Delhi who can assist in this process.
- If the parties are unable to reach a settlement, the case will go to trial. The court will hear arguments and evidence from both parties and make a judgment on the case. However, the vintage litigation has top divorce lawyer in Delhi who will help you individually to put your argument with evidence in front of the court.
- In last, on the basis of facts and evidence court will take their final decision. So, choose the best divorce lawyer in Delhi to make an impactful presence in your case.
Categories of divorce to be taken
In India, there are primarily two categories of divorce, which are more famous. There is various reason to take divorce in the court with a legal support of best divorce lawyer.
Mutual Consent Divorce: In this sort of divorce, both parties voluntarily decide to dissolve their union and file for divorce at the same time. All conditions of the divorce, such as the division of assets, child custody, and alimony, must be jointly agreed upon. Compared to a disputed divorce, this sort of divorce is often quicker and less expensive.
Contested Divorce: In a contested divorce, one spouse files a petition for divorce on the other’s behalf, stating specific reasons for divorce, such as cruelty, adultery, or desertion. The other spouse has the right to contest the divorce, as well as the grounds for it, as well as the conditions of it, such as child custody, asset distribution, and alimony. Compared to a divorce by mutual consent, this form is usually more expensive and takes longer.
Ground of divorce
India is a country where different religion exists while for everyone laws are different to take divorce procedure while ground will be same. Karan Dua is the best divorce lawyer in Delhi who understand the concern and ready to fix your problem with legal support. Several ground through you can take a decision of divorce including;
- Adultery
- Cruelty
- Desertion
- Conversion to another religion
- Mental disorder
- Venereal disease
- Irretrievable breakdown of marriage
Act under which take divorce successfully
There are several laws and act through which you can get support in divorce proceeding. Advocate Karan Dua is the best divorce advocate in Delhi, support you in all process including;
Hindu Marriage Act, 1955- This act applies to Hindus, Buddhists, Jains, and Sikhs, and governs divorce among these communities.
Muslim Personal Law (Shariat) Application Act, 1937- This act applies to Muslims and governs divorce among Muslim couples.
Christian Marriage Act, 1872- This act applies to Christians and governs divorce among Christian couples.
Parsi Marriage and Divorce Act, 1936- This act applies to Parsis and governs divorce among Parsi couples.
Special Marriage Act, 1954- This act applies to couples who wish to marry outside the scope of their personal laws, and governs divorce among such couples.
Conclusion
Depending on the circumstances of the case, divorce can be granted on grounds such as adultery, cruelty, desertion, mental disorder, and irretrievable breakdown of marriage. Advocate Karan Dua is one of the best divorce lawyers in Delhi, with years of experience in handling divorce cases. With his expertise in the field of family law, he can help clients understand their legal rights, guide them through the divorce procedure, and provide effective representation in court.