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Lawyers for Divorce And Alimony in India

Overview:

Divorce for sure is one of the most difficult phases to get through for any married couple. In India divorce is a crucial matter and a personal concern, as we relate marriage institutions with our religion which holds high regard. The Hindu Marriage Act,1955 oversees the divorce for all these religions i.e the Jains, Sikhs, Hindus, and Buddhists. 


What does Indian Kanoon say about Divorce?


The divorce laws of Muslim divorce are represented by the Dissolution of Muslim Marriage Act,1939. The Parsi Divorce is governed by the Parsi Marriage and Divorce Act,1936, and Christians are administered by the Indian Divorce Act,1869. All inter-community marriages are looked after and governed by the Special Marriages Act,1954.


Section 13B of this Act 1955, provisions for divorce by common consent of parties i.e. mutual divorce, where the parties i.e individuals have been separated for a time period of one year. So the first motion for divorce is filing and presenting a mutual divorce. Following this, a motion must be presented by the parties within a span of 6 to 18 months.



In the event that a couple wants to file for divorce then they need to do the following as per Indian Kanoon: 

  1. The couple should hire a legal counselor (advocate/lawyer), so he can furnish them with all the needed details. 

  2. A petition will be filed by the lawyer in court.

  3. A copy of the application will be sent to the spouse.

  4. The Spouse can either agree or disagree to contest against that.

  5. Based on the circumstances, the completion of the divorce procedure would depend.

  6. In the case of mutual consensual divorce, parties have to prove before the court that they have been living separately for over a year.

  7. Then the aggrieved couple is given a 6 months period to reconsider the divorce.

  8. If after a lapse of 6 month period that couple is of the opinion that they want a divorce then they are granted a divorce decree.


Documents that are necessary for contested Divorce in India.


  1. Address proof of husband and wife.

  2. Marriage Certificate.

  3. 4  photographs passport size of husband and wife.

  4. There should be evidence of the couple living separately for that period.

  5. There should be evidence proving the fact that the couple tried living together but couldn’t reconcile even after trying several times.

  6. Income tax statements of minimum 2 to 3 years.

  7. Details regarding profession and earnings i.e. remuneration of the petitioner.

  8. Information on the family background of both the parties.

  9. All details regarding the petitioner’s property.



You can connect with our empanelled lawyers at Lawtendo specialized in handling your divorce case and be rest assured to be taken care of.


Following are the grounds for the dissolution of marriage.

  1.  If any one of the parties has committed adultery.

  2. Had converted their religion and is no longer Christian.

  3. Have been unsound for almost 2 years before filing for this petition.

  4. If anyone of the party has been diagnosed with leprosy for a period of 2 years before filing this application.

  5. Has not been aware of a person's presence for 7 years or more. Has not been known for as far back as 7 years from the people who might have known about the respondent in the event that he had been alive.

  6. If someone refuses to consummate the marriage.

  7. If the person has been deserted for the last 2 years immediately since the petitioner presented.

  8. Has treated the candidate with such mercilessness that it made a reasonable dread in the mind of the petitioner that it would be harmful to be living with the respondent.



It is necessary for the petitioner to find a capable lawyer to represent him/her, otherwise the victim may not get justice as they deserve.


If the petitioner fails to prove his/her grounds for filing divorce and can not back it with enough evidence then that could lead to dismissal of the petition, hence won't be a suitable settlement under the light of the law.


Having an understanding of issues that would make procedures less complicated in comparison to different conditions is substantially more convoluted since every decision is made by the court. There is however no such arrangement that ensures that the procedure of any decree of divorce would be taken care of in a certain time limit.


Why hire a lawyer through Lawtendo


Hiring a Lawyer through Lawtendo’s platform would ensure the best divorce lawyers to take care of your case and ensure that the client receives the maximum possible court settlement and alimony.


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Lawyer Services Lawtendo Price Range: 500 to 5000 ₹ 9671633666 25 Kembrose Estate, Off, LBS Marg, Bhandup, Sadan wadi, Bhandup West, Mumbai, Maharashtra
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