Best Divorce Lawyer in delhi is a legal action between married people to terminate their marriage relationship. It can be referred to as dissolution of marriage and is basically, the legal action that ends the marriage before the death of either spouse
As the name suggests, a mutual consent divorce is when both the husband and wife want to terminate the marriage. It is a decision taken by mutual consent, and hence, the process is a lot smoother than divorce by other means. As per the Hindu Marriage Act, 1955, Special Marriage Act and Divorce Act, also cater to mutual consent divorce , both spouses have the right to file for the dissolution of their marriage. Furthermore, the Acts also allows both parties to file for a mutual consent divorce together.
Conditions to file for a Mutual Divorce As per Section 13B of the Hindu Marriage Act, Section- 28 of the Special Marriage Act, 1954 and Section- 10A of the Divorce Act, 1869, also cater to mutual consent divorce 1955, the following conditions must be met to file for a mutual divorce.
(i) Both spouses must live separately for at least one year.
(ii) Both spouses feel that they cannot live together.
(iii) Both the husband and wife mutually agree that their marriage has collapsed
(iv) Both parties agree to comply and file jointly for a mutual divorce without any undue influence, bribe, or fraud.
MEANING OF CONTESTED DIVORCE
A contested divorce is whereby one spouse files a divorce petition against the other and the other spouse contests it in court. A contested divorce is also known as one-sided divorce as a divorce petition is filed by one spouse to end the marriage and is contested by the other before the court
GENERAL GROUNDS FOR CONTESTED DIVORCE
Law provides various grounds to seek divorce from your spouse. Grounds for a contested divorce, which are commonly used:-
Divorce on the ground of cruelty.
Divorce on the ground of desertion
Divorce on the ground of adultery.
Besides above, there are various other grounds for divorce such as unsoundness of mind, civil death, etc. to seek.
LEGAL GROUNDS FOR DIVORCE
Cruelty, which may be physical or mental. According to the Hindu Marriage Act, 1955, one spouse’s mind must have a reasonable apprehension that the other spouse’s conduct is likely to be injurious or harmful.
Adultery, i.e. consensual sexual intercourse outside of marriage. A man who commits adultery can also be charged with a criminal offence, but not a woman. Divorce as a civil remedy is available to both spouses
IT IS IMPORTANT TO BEAR AN UNDERSTANDING OF THE APPLICABLE LAW:
Indian Divorce Act, 1869 governs the divorce procedure for Christians.
Hindu Marriage Act, 1955 for Hindu, Jains, Buddhists, and Sikhs.
Parsi Marriage and Divorce Act, 1936 is followed for divorce procedure in Parsi couples.
Procedure and grounds for divorce under the Dissolution of Muslim Marriage Act, 1939 are taken into account for Muslim couples
In addition to these personal laws, lawmakers keep introducing amendments as needed.
WHERE TO FILE DIVORCE PETITION (CONTESTED OR MUTUAL)
1. The court can be one where a couple seeking divorce last lived.
2. The court can be one where the marriage was solemnized.
3. The court can be one where the wife is residing as of present
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