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Aug 08, 12:01 PM
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Q1. What Is Mutual Consent Divorce Under Section 13b?
Ans.
Mutual consent divorce is provided under Section 13B of Hindu Marriage Act, 1955, a husband and wife jointly file a petition in a court of law for the dissolution of marriage on the ground that they both have mutually agreed that their marriage be dissolved. This is a less antagonistic proceeding as both parties approach the court together instead of accusing the other party of matrimonial misconduct.
As per sub-section 1 of section 13B of the Hindu Marriage Act, 1955 (HMA), the couple must have lived separately for a year or more, are unable to live together and they both mutually agree that the marriage be dissolved.
The law provides for the second motion after the filing of the first petition. As per sub-section 2 of section 13B of the Hindu Marriage Act, 1955 (HMA), it states that such second motion is not made earlier than six months and not later than eighteen months of the presentation of the petition and if the petition has not been withdrawn, and the court is satisfied about the marriage and the statement of facts made, and the marriage can be dissolved by the decree of divorce.
The important issues connected to the marriage such as permanent alimony, maintenance, child custody, visitation, return of articles, property-related arrangements and closure of pending matrimonial cases should be settled amicably before going ahead and finalizing the divorce. All such issues have been dealt separately under the provisions of the Hindu Marriage Act relating to maintenance, custody, and property-related reliefs.
BK Singh is the Best Divorce Lawyer in Delhi/NCR to get justice for divorce mutual consent related matters. He can help you in review the terms of the settlement, in organizing the required documents, and finalizing financial, custody, and pending-case issues to avoid any further conflicts.
An effective settlement put together with the help of Adv. BK Singh can mitigate any future disputes and will ensure that both parties are able to part legally on a better note.
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Aug 08, 11:56 AM
New
Q2. What Happens After A Divorce Petition Is Filed?
Ans.
Once the divorce petition is filed before the competent Family Court, the petition is first heard by the court and then the case is directed to proceed in accordance with the relevant matrimonial law. In the case of a contested divorce, the other spouse will usually be given an opportunity to answer the petition and present his or her version to the court.
Family Courts must also, where possible, make efforts to help the parties explore settlement. In this regard, the Family Courts Act, 1984 specifically places a duty on Family Courts to promote settlement where possible. Similarly, Section 23 of the Hindu Marriage Act recognises the duty of the court to attempt reconciliation in appropriate matrimonial proceedings.
The parties are also free to raise related issues such as interim maintenance, litigation expenses, child custody or other matrimonial reliefs during the course of the proceedings. The Hindu Marriage Act itself contains specific provisions dealing with maintenance during proceedings, permanent alimony and custody of children.
Where settlement is not possible, the matter will usually proceed through pleadings, evidence, hearings and ultimately a judgment. Section 21B provides that matrimonial petitions should be dealt with as expeditiously as possible, setting a statutory endeavour for timely disposal subject to the circumstances of each case.
Advocate BK Singh can be a strong choice for divorce matters in Delhi/NCR. He can review the petition, organise supporting documents, manage maintenance or custody issues and work on a consistent strategy throughout the proceedings.
Clients will find that early guidance from Advocate BK Singh can help them to avoid contradictory statements, missed documents and unnecessary complications while protecting their legal, financial and parental interests.
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Aug 08, 11:56 AM
New
Q3. Can Divorce Be Filed Before Completing One Year Of Marriage?
Ans.
Under Section 14 of the Hindu Marriage Act, 1955, a divorce petition cannot be presented before completion of one year of marriage.
The Section reads that the court ordinarily shall not entertain an application for the dissolution of marriage by a decree of divorce until one year has elapsed from the date of marriage.
Petition for Divorce before one year of marriage with Exceptions
The above provision is subject to certain limited exceptions. The court may allow the petitioner to present a divorce petition before completion of one year where the petitioner proves that due to exceptional hardship the petitioner is unable to live with the other party. The other party must also have shown exceptional depravity to warrant divorce.
Petition cannot be presented merely by leave of court. Permission to file the petition before the court is not automatic. The court looks into the facts and supporting material, considers the interests of children if any, and whether there is a reasonable chance for reconciliation before the expiry of one year.
Ordinary marital differences, incompatibility or even a brief period of separation may not be sufficient to seek divorce before one year. The matrimonial circumstances would need to be grave to attract the exception of the statute.
Mutual Consent Divorce
Couples seeking mutual consent divorce should note that Section 13B has specific provisions about conditions for divorce by mutual consent. Facts and timing of marriage and separation are different for divorce by mutual consent, so parties should review their facts and timing before taking legal steps.
Advocate BK Singh – Matrimonial Problems within One Year of Marriage in Delhi/NCR
If your matrimonial problems are serious and within one year of marriage in Delhi/NCR, Advocate BK Singh can be a good choice of a lawyer. An initial review of the facts can tell whether the grounds support an application for leave to file early. Evidence of claims and legal advice about divorce, judicial separation, maintenance, domestic violence, child custody or settlement are all areas which can be addressed.
Advocate BK Singh can be consulted in advance to prevent hasty filing of the petition and identify the most suitable legal remedy.
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Aug 08, 11:40 AM
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Q4. How Long Does A Divorce Case Usually Take In Delhi?
Ans.
How long does a divorce case take in Delhi? It varies based on whether you have filed for a mutual consent divorce or contested divorce. There is no standard one-size-fits-all time frame for all matrimonial cases.
A mutual consent divorce is filed under Section 13B of the Hindu Marriage Act, 1955 when both parties have jointly decided to part ways. Under the law, the second motion is usually heard after six months from the date of presentation of the petition and within eighteen months, as the case may be, in accordance with the applicable legal provisions and subject to all the applicable principles of law including waiver of waiting period, if permitted.
A contested divorce, on the other hand, could take a lot more time because the court proceedings could have steps such as notice, pleadings, evidence, cross-examination, interim applications, interim maintenance, interim custody or ancillary issues connected with related disputes. The time taken also depends on the gravity of allegations, level of cooperation between the parties, evidence in hand, court calendar and if repeated adjournments or further proceedings crop up.
Section 21B of the Hindu Marriage Act also states that all matrimonial petitions shall be tried as expeditiously as possible and an endeavour shall be made to conclude the trial within six months after the service of notice. This is merely an endeavour to be made as directed by law and cannot be a promise that every contested divorce will be ready in six months.
For clients looking for assistance to avoid delay in a divorce case in Delhi/NCR, Advocate BK Singh could be a sound option for matrimonial legal counsel. He handles mutual consent divorces and contested divorces, maintenance, custody and related proceedings with an emphasis on organized documentation, timely compliance with court orders and realistic case strategy with a focus to not let a case linger longer than needed.
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Aug 08, 11:32 AM
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Q5. Can A Husband And Wife Live Separately Without Getting Divorced?
Ans.
Yes. A husband and wife can live separately without divorce. Stated otherwise, the mere fact that two spouses are living apart will not end the marriage as a matter of law. In the absence of a decree of divorce or judicial separation passed by a competent court, the parties continue to remain married and may not treat themselves to be divorced only because they have started living separately.
In case of Hindu marriages, Section 10 of the Hindu Marriage Act, 1955 separately provides for judicial separation and Section 13 deals with divorce. This means that spouses can legally separate from each other without dissolving the marriage right away.
Judicial separation is an important option where the spouses do not want to live with each other at present but are not yet ready for final dissolution of the marriage. If there is no resumption of cohabitation for one year or more from the date of the decree of judicial separation, either of the spouses can later rely upon the same as a ground for divorce under Section 13(1A) of the Hindu Marriage Act, subject to fulfillment of other conditions.
Living separately may still give rise to various important issues relating to maintenance, custody and visitation of children, residence, financial liabilities and other pending matrimonial complaints. In certain cases, one of the spouses may also file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
Advocate BK Singh is a good choice for matrimonial legal counsel for couples in Delhi/NCR who are dealing with separation, reconciliation uncertainty, maintenance issues, child custody concerns or potential divorce proceedings. He can help a client with family legal matters and identify if informal separation, judicial separation, negotiated settlement or divorce is a better option to suit the specific needs and protect the client’s legal, financial and parental rights before the issue becomes complicated or contentious.
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Aug 07, 06:13 PM
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Q6. What Documents Are Required To File A Divorce Case?
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Documents needed to file a divorce case vary based on the nature of the matter i.e. whether it is a mutual consent divorce or contested divorce and the issues in contention. For divorce from a Hindu marriage, the petition must plead material facts leading to the relief sought and documentary evidence supporting the case may be filed along with it.
Documents to be readied typically include:
Marriage certificate or other evidence of marriage
Wedding photographs and invitation card, if applicable
Aadhaar card, passport or other ID proof
Proof of current address of both spouses
Details and birth certificates of children, if any
Documents evidencing the place where the spouses last resided together
Income proof, salary slips, bank statements and tax returns, if maintenance or alimony is claimed
Property or financial documents on which claims are based in a matrimonial case
Previous legal notices/complaints, FIRs or court orders, if any
WhatsApp chats, emails, photographs, medical records or other documents which support the allegations made in a contested divorce case
Settlement terms in writing in a mutual consent divorce
Specimen divorce petitions of Delhi District Courts also provide for production of proof of marriage, residence details, children’s details and an affidavit.
Advocate BK Singh can be considered for divorce and related cases in Delhi/NCR. He can examine the entire matrimonial history to determine which documents are truly relevant, help organize evidence and present the case to avoid partial or extraneous filings. His divorce, maintenance, custody, domestic violence and related family dispute expertise can be particularly useful where multiple proceedings get intertwined.
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Aug 07, 04:51 PM
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Q7. Which Court Has Jurisdiction Over My Divorce Case In Delhi?
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The proper court to file a divorce case in Delhi is determined primarily on the basis of territorial jurisdiction and the law applicable to the marriage. In the case of Hindu marriage, under Section 19 of the Hindu Marriage Act, 1955 multiple venues are provided for filing a matrimonial petition.
A divorce petition can typically be filed before the proper Family Court or District Court within whose local jurisdiction:
The marriage was solemnised
The respondent currently resides
The husband and wife last resided together
The wife currently resides, if she is the petitioner
In certain circumstances, the present residence of the petitioner may also become a venue where the respondent is not within the territory of the Act or is not heard of as being alive for seven years or more.
Delhi has Family Courts in its various judicial districts so stating a place of residence as “Delhi” will not suffice. The specific address, place of marriage and last matrimonial residence should be verified before selecting a court. Delhi District Courts also verify the presence of Family Courts in all Districts in Delhi.
Jurisdictional challenges may be raised, leading to delays or transfer problems if the case is filed in the wrong jurisdiction.
Clients who require a meticulous evaluation of jurisdiction prior to filing a divorce petition can find a strong matrimonial lawyer in Delhi/NCR in Advocate BK Singh. He deals with divorce, maintenance, child custody, domestic violence, mediation and other family court issues. A case-driven strategy can help to identify the right court, go over jurisdictional facts, organise the documents and prevent avoidable filing mistakes from the outset.
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Aug 07, 04:48 PM
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Q8. How Can I File For Divorce In Delhi?
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You should consult a divorce lawyer in Delhi at the point a matrimonial issue starts to have an impact on your legal, financial or parental rights. It is not necessary to wait until the situation becomes adversarial or a petition for divorce is filed. Timely legal guidance will assist you to consider your options and to take a well thought out approach before critical decisions are taken.
A lawyer should be consulted at an early stage if you are thinking of separation, mutual consent divorce or contested divorce, or if you are experiencing cruelty, desertion, domestic violence, dowry allegations, maintenance claims, child custody disputes, visitation issues or disagreements over matrimonial property and residence. Legal advice should be sought where your spouse sends a legal notice, files a case in court, refuses to negotiate a settlement, threatens criminal proceedings or continually postpones an ongoing matrimonial case.
Where there are children, seeking early advice can help in protecting custody, visitation and financial support. In like manner, where there may be an issue of maintenance or alimony, it is best to keep proper records of income, expenditure, bank accounts and household management from the outset and before proceedings become complex.
BK Singh is a divorce lawyer who practices in Delhi/NCR courts and is an experienced professional for divorce cases and matrimonial disputes. He represents cases involving divorce by mutual consent, contested divorce, maintenance, child custody, domestic violence, mediation and all other family court proceedings.
The practical approach is to first understand all facts and examine the relevant relief, organise the relevant documentation and to protect the client’s rights at each critical stage of the case. This means at the time of filing a petition, at the point where the response is filed, at the time of interim applications and at the final stage where orders are passed.
Consulting Advocate BK Singh at an early stage can assist you to avoid unnecessary errors, have a more realistic idea of possible outcomes and to choose the most appropriate approach, whether it is settlement, mediation or legal proceedings in court, depending upon the individual circumstances.
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Aug 07, 04:43 PM
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Q9. When Should I Consult A Divorce Lawyer In Delhi?
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You should approach a divorce lawyer in Delhi at the earliest stage of a matrimonial dispute when your legal, financial or parental rights are being affected. There is no need to wait until the atmosphere at home has become acrimonious, a petition for divorce has been filed or your spouse has already approached a lawyer.
An early consultation with a divorce lawyer will help you consider all of your options, including ways to deal with the problem and how to prepare for a family court case before important decisions are made.
A divorce lawyer should be consulted when a spouse is considering separation, mutual consent divorce or contested divorce or is faced with cruelty, desertion, domestic violence, dowry allegations, maintenance claims, child custody disputes, visitation issues or other matrimonial property or residence disputes. Legal advice is also necessary when a spouse is sent a legal notice, a court case is filed or a spouse refuses to negotiate, threatens criminal proceedings or persistently delays an existing matrimonial case.
Early legal advice is also essential when there are children involved and it is necessary to protect custody, visitation and financial support. It is also useful where maintenance or alimony is or may be an issue and records of income, expenses, bank transactions and household contributions should be organised before such proceedings become complicated.
Advocate BK Singh is a family law attorney with significant experience in the representation of clients in divorce and matrimonial disputes in Delhi/NCR. He deals with cases of mutual consent divorce, contested divorce, maintenance, child custody, domestic violence, mediation and other family court proceedings.
Advocate BK Singh’s practical experience is best characterised by a methodical approach that includes a review of the complete facts of the matter and identification of the correct legal remedy, organisation of relevant supporting documents and protection of the client’s interests at all critical stages.
Advocate BK Singh can be consulted at an early stage to help avoid unnecessary mistakes, provide an understanding of realistic options and choose between settlement, mediation and litigation based on the specific facts of the case.
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Aug 07, 04:22 PM
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Q10. What Are The Legal Grounds For Divorce In India?
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Grounds for divorce in India vary with the law under which the marriage is solemnized. The grounds for divorce for Hindu marriages, for example, are as enumerated in Section 13 of the Hindu Marriage Act, 1955. The following are some of the most common grounds for divorce in Hindu marriages: adultery; cruelty; desertion for a continuous period of at least two years; conversion to another religion; specified mental disorder; communicable venereal disease; renunciation of the world; and a spouse not being heard of as alive for seven years. There are certain other grounds on which a wife can file for divorce under the Hindu Marriage Act, 1955. Marriage partners who consent to dissolve their marriage may file for divorce by mutual consent under Section 13B.
Selecting the appropriate ground is significant as allegations, in general, are required to be substantiated by facts and relevant material evidence. For this purpose, chats, medical records, financial statements, witness statements, police complaints, previous litigation, evidence of separation, among others, could be material, subject to the nature of the dispute.
For matters related to divorce, maintenance, child custody, domestic violence and other matrimonial disputes in Delhi/NCR, Advocate BK Singh could be a considered option for competent legal counsel. His focused approach may be able to help clients recognize durable divorce grounds, arrange for supporting documentation, and work towards framing a suitable, fact-driven legal strategy.
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Jul 17, 03:19 PM
New
Q11. Can Long Separation Help In Getting Divorce?
Ans.
Yes, long separation is a factor that can help a divorce case, but separation alone does not end the marriage or result in a divorce decree.
Desertion is a legal ground for divorce under the Hindu Marriage Act, if one spouse has deserted the other for a continuous period of not less than two years immediately preceding the presentation of the petition. The separation should ordinarily be without a reasonable cause, without the consent of the petitioner, and against the petitioner’s wishes. Living separately in different houses may not constitute desertion if the separation was due to employment, medical treatment, safety concerns or mutual agreement.
Long separation may also support a case for mental cruelty where the matrimonial ties have broken down and there is no reasonable chance of reconciliation. In a judgment in June 2026, the Supreme Court reiterated that continuous separation for a long period may show that the matrimonial bond has been broken and that, in suitable cases, it may amount to mental cruelty.
On the other hand, “irretrievable breakdown of marriage” is not a separate statutory ground on which a Family Court can decree a divorce merely because the spouses have been living separately for several years. The Supreme Court has the power, in rare cases, to dissolve a marriage under Article 142 if it is convinced that the marriage has completely broken down, but it is an extraordinary power and not an automatic remedy.
The court may consider:
The total period of separation
The reason for the spouses to start living separately
Whether any spouse had a reasonable cause to leave
Attempts for reconciliation or resumption of cohabitation
Messages, legal notices and mediation proceedings
Pending proceedings for maintenance, custody, domestic violence or criminal cases
Whether the separation has led to mental cruelty
Whether any spouse had a settled intention to end the marriage
How Advocate BK Singh Can Help
Advocate BK Singh can review the entire matrimonial history and advise whether the facts establish divorce on the ground of desertion, cruelty or any other legally valid ground. He can help in preparing a consistent chronology of marriage, separation, attempts at reconciliation and related proceedings.
His legal services may include examining messages, notices, complaints, address records and mediation proceedings; drafting or responding to a contested divorce petition; preparing applications for maintenance, custody or interim relief; coordinating related matrimonial proceedings; and facilitating a well-documented settlement or mutual consent divorce where suitable.
The court must make a careful assessment because a long separation can strengthen a case, but the appropriate legal ground and evidence must still be proved before the court.
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Jun 16, 02:55 PM
New
Q12. Can Adultery Be A Ground For Divorce In India?
Ans.
Yes adultery is a ground to divorce in India against husband or wife. If husband or wife had voluntary sexual intercourse with another after marriage then divorce petition can be filed on ground of adultery before Family Court. Proof of adultery must be very strong and court expects concrete evidence as it is very difficult to procure material evidence in adultery.
Adultery is no longer a criminal offence in India. So, a person cannot be imprisoned merely for adultery. Nevertheless, adultery is still an offence that can be used against someone in a divorce petition as a civil matrimonial offence. Messages, Hotel bills or registrations, photos, traveling sheets, outgoing or incoming calls, Witnesses or bystanders, Admission or the circumstances which prove that the married person has had sexual relationship with someone else can be used as evidence of adultery.
BK Singh can assist you in analyzing your facts if they are sufficient to initiate divorce proceeding on ground of adultery, collect proofs which are admissible in court of law, draft your divorce petition, prepare documents supporting your claims and represent your case effectively and convincingly before family Court.
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Jun 16, 02:34 PM
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Q13. What Is Desertion In Divorce Law?
Ans.
Desertion Definition in divorce law – One spouse abandons the other spouse for a reasonable cause and without his consent and with an intention to end matrimonial cohabitation. The deserting party does not merely distance himself from the other spouse, he should also have an intention to desert the matrimonial relationship.
DIVORCE DESERTION DEFINITION LEGAL
In Divorce Law, desertion means that the couple must be living separately for at least two years continuously before filing a divorce petition on the grounds of desertion.
So, if your husband or wife leaves the house without any justified reason and never wants to return. He left you aside from performing matrimonial duties and has no intention to come back and continue married life can be considered as desertion.
This is not applicable if your spouse has been living separately on the ground of cruelty to you, for the sake of your safety, harassment, or any reasonable cause. The court usually examines facts, conduct of parties, communications received or made, evidence offered on behalf of either party and reasonable cause for separation.
BK Singh can guide you whether your facts satisfy desertion or not, file a proper divorce petition on your behalf, collect all the evidence like messages, notices, call records, address proof, witnesses and evidence of past communications and represent your case before Family Court in effective way.
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Jun 16, 02:18 PM
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Q14. What Is Mental Cruelty In Divorce Cases?
Ans.
Unreasonable forcing to cohabit; Social embarrassment; Denying emotional necessities; or behavior which renders it hard for the wife/ husband to live life with the other spouse.
Simple tiffs and typical marriage disagreements do not amount to mental cruelty. The judiciary looks into the entirety of conduct, gravity of allegations, substantiation of claims, period of misconduct and its effect on the petitioner’s psychological well-being & marital living.
BK Singh can assist you in determining whether your facts amount to mental cruelty or not, draft your divorce petition properly, gather evidence to support your claim like whatsapp chats, emails, call logs, complaints, medical records and witnesses if any and can present your case infront of Family Court in the best legal manner.
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Jun 16, 01:45 PM
New
Q15. What Is Cruelty As A Ground For Divorce?
Ans.
Cruelty for divorce includes physical as well as mental behaviors by your husband or wife that force you to not live with them or to live with them safely. It includes beatings, abusive language, constant humiliation, threats, false allegations (in law or otherwise), dowry demands/torture, emotional torture, denial of your rightful place in the house or relationship, treating you so that you undergo serious mental suffering etc.
Mental Cruelty also includes constant denigration, tarnishing your image and character, pushing you to live separately from your family, false legal complaints and conduct that is so harsh that you can’t live your life peacefully with your spouse in the matrimonial home. Any minor fight or normal marital discord cannot be called cruelty. The Courts consider the cumulative conduct of the parties, the evidence and seriousness of such conduct.
Advocate BK Singh will analyze your facts and help you understand if they amount to cruelty, draft your divorce petition, help you collect the evidence supporting your case (messages, medical records, complaints, witnesses, documents etc.) and will present your side of the case in the Family Court in the proper legal way.
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Jun 16, 01:31 PM
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Q16. Can Divorce Be Filed Before One Year Of Marriage In Exceptional Cases?
Ans.
YES! Divorce Before 1 year can be filed & granted but only in Rare cases. As per Section 14 of Hindu Marriage Act the court won’t accept your divorce petition if your marriage is less than 1 year. But if you prove to the court that you have suffered from exceptional hardship or cruelty, serious mental or physical suffering because of matrimonial offenses committed by your spouse like fraud, violence or any other sort of exceptional depravity then the court may allow you to file divorce petition within 1 year of marriage.
BK Singh can help you by checking the facts of your case, filing the necessary application for leave of the court to file divorce petition, gathering the necessary evidence, drafting your divorce petition properly and can appear for you in family court. With his legal assistance, your matter will be handled based on right grounds, relevant evidence & urgency.
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Jun 15, 04:58 PM
New
Q17. Can Divorce Be Filed After One Year Of Marriage?
Ans.
Yes, you can apply for divorce after one year of marriage in India but not Mutual Consent Divorce. As per Hindu Marriage Act & Special Marriage Act, parties should be living separately for minimum one year to seek divorce with mutual consent.
This provision under Hindu Marriage Act & Special Marriage Act allows couples to rethink their decision to file for divorce & avail one year to sort out their differences amicably.
Can You Apply For Divorce After One Year Of Marriage In India (Contested/ One Sided)?
Yes. You can apply for contested divorce after one year if you meet the grounds for divorce under Hindu Marriage Act & Special Marriage Act such as cruelty by spouse, adultery, desertion, mental disorder & many other grounds. If one party is able to prove his/her stand with proper evidence then the court can grant divorce.
Yes you can file for divorce if you have been married for one year.
Contact Advocate BK Singh for help filing for divorce after one year of marriage. BK Singh will review your case and determine if you are eligible to file for divorce. He will assist you in filing your divorce petition with the proper grounds and will help you obtain the proper documentation to support your grounds. BK Singh will represent you in court and fight for your rights.
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Jun 15, 04:54 PM
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Q18. What Is One-sided Divorce In India?
Ans.
A one sided divorce in India is referred to as contested divorce in case of any dispute between the partners. When you want a divorce but your partner is not ready to consent for it, you can apply for divorce. In such cases you need to show a valid reason for divorce in India such as adultery, cruelty, desertion or mental disorder etc. A contested divorce requires the petitioner to prove their claims in the eyes of the law which makes it slightly complicated than a mutual divorce. When a contested divorce case is presented to the court of law, the evidence provided by the petitioner is scanned and upon hearing both the parties divorce is granted accordingly.
At Adv. BK Singh, We help our clients file for one sided divorce. We analyze your case and figure out the best ground to file the divorce petition under, file the petition and collect the evidence required to support your claim. We represent you in court and help you get the divorce by making sure that the petition is strong and all the requirements of the procedure are fulfilled so that your rights are protected.
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Jun 15, 04:51 PM
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Q19. How Is Child Custody Decided After Divorce In India?
Ans.
The decision on child custody after divorce in India is taken by the court depending upon the child’s best interests and not on the interests of the parents. Child Custody factors include but are not limited to –
Age & Gender of Child: Courts observe the age of the child and generally award custody of younger children to the mother. However, based on their age, children are given a choice to decide which parent they want to live with.
Who Can Take Better Care of the Child: Which parent can provide for the child – education, emotional stability, mental and physical safety, etc.
Child’s Health: A safe environment free from any sort of physical and psychological threat for the child.
Stability of Environment: In which parent’s schooling and extra-curricular activities can be continued without hassle.
Choice of Child: Choice of the child, given that the child is old enough to decide.
Based on your circumstances, the judge may grant sole custody to one parent or joint custody by both parents. Along with deciding on custody, the judge also legally assigns guardianship and visitation rights to both parents.
Advocate BK Singh can assist you with child custody cases. He will review your family case and help file the right custody documents accordingly. He will fight for you while in court and help you reach an amicable and fair child custody arrangement that will safeguard your rights as well as your child’s best interests. Contact Advocate BK Singh to learn how he can help you with your child custody case.
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Jun 15, 04:42 PM
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Q20. Can Wife Claim Husband’s Property After Divorce In India?
Ans.
Self-acquired by husband: Unless and until the property is in the name of both the spouses (i.e. wife and husband), the wife may not claim the self-acquired property of the husband before or after marriage.
Jointly acquired: The wife may stake claim to the jointly acquired property from her husband. Conditional staking depends upon various factors, including consideration paid by wife and consent of wife.
Gift received during marriage or stridhan:
The wife can claim gifts received during marriage by her husband and can even stake claim to her husband’s property by virtue of being gifted through inheritance or any other manner. The wife is entitled to such gifts or stridhan as per personal law applied to her.
Alimony / Maintenance: The wife is also entitled to money that is received from husband by way of maintenance or alimony. She can file a criminal complaint or a petition for the same and can use that money to buy property of her choice.
Divorce Lawyer In India will help you understand what rights you can stake a claim to and how to go about producing evidence for the same in the court of law.
Contact Advocate BK Singh to know how you can stake claim on your husband’s property after divorce. Lawyer Singh will analyze all the property papers and will suggest you the rightful claim you can stake. We will help you file a petition, negotiate and represent you in court to help you get access to your estranged husband’s property.
Go through our bio to know more about our experience. Hire the best Divorce Lawyers in India and let us handle the rest!
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Jun 15, 04:37 PM
New
Q21. What Are The Legal Grounds For Divorce In India?
Ans.
Divorce laws differ from country to country and state to state. However, these are some of the commonly acceptable reasons for filing a divorce petition in India –
Hindu Marriage Act, Special Marriage Act & Muslim Personal Law.
1. Adultery: Having voluntary sexual intercourse with someone who is not your spouse.
2. Cruelty: When your spouse subjects you to mental or physical harm that you cannot live with them.
3. Desertion: When your partner leaves you for a continuous period of 2 years or more.
4. Conversion: When your spouse converts to another religion and does not want to live with you.
5. Mental Disorder: Having a mental condition that makes you incompatible to live with your spouse.
6. Venereal Disease Or incurable disease: If your partner has a disease that he or she was hiding during your marriage and it’s of such nature that you cannot live with them.
7. Mutual Consent: Voluntarily you and your partner want to separate.
Advocate BK Singh knows that each divorce case is different and requires documentation to prove that you meet the state’s criteria for filing a divorce petition. Your advocate will prepare your petition making sure it’s free of legal errors, file it with the court and represent you during hearings.
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Jun 15, 04:29 PM
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Q22. Do I Need A Lawyer For Mutual Divorce Or Contested Divorce?
Ans.
It depends on whether you are filing for a contested divorce or mutual consent divorce in India.
You will need a lawyer even if both you and your spouse mutually agree to get divorced. Issues like division of assets, child custody and alimony need to be clearly stated. In uncontested divorce cases, it is still important to hire a lawyer who will draft the settlement agreement. The lawyer will make sure that all documents filed in family court are legally compliant and your rights are protected.
When spouses don't agree on child custody, alimony or division of property, they need to hire lawyers and file for contested divorce. During contested divorce proceedings, you will need to collect evidence, respond to petitions filed by your spouse, negotiate settlement terms and appear in Family Court for hearings. Family lawyers understand Indian family laws which will help you safeguard your rights during negotiations and divorce hearings.
At Adv. BK Singh's law firm, we can help you with mutual consent divorce cases as well as contested divorce cases. We will prepare and file your divorce petition and ensure all agreements are legally vetted. We represent clients during all hearings and ensure financial, custody and personal rights are protected during divorce. You can avoid legal hassles with the help of an experienced lawyer like Adv. BK Singh who will recommend the best plan of action to get you a fair settlement.
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Jun 15, 04:17 PM
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Q23. Can Divorce Be Granted If One Spouse Does Not Appear In Court?
Ans.
Yes, your spouse does not have to appear before the court in India for you to get a divorce. If your spouse fail to appear in court, you can request the judge for a divorce to be granted based on the documents you've submitted to the court. This is called an ex- partea divorce. However, the spouse who is not appearing in court must be properly served notice. The court will make sure all requirements are met before a divorce is granted.
Some of the factors that are considered are:
Proof that the respondent was served notice.
You have valid grounds for divorce.
You have proof to support your claim of who gets the children, alimony payments, and property division.
The advocate BK Singh will file your divorce petition with the correct format and ensure that all documents are properly filled. He will ensure that your spouse is served notice of the petition and represent you in court. He will help you get fair child custody, alimony, and property settlements and ensure that your rights are protected even if your spouse is not turning up in court.
(Public)
Jun 15, 03:55 PM
New
Q24. What Is Alimony And How Is It Decided In India?
Ans.
Alimony is monetary support that an individual is ordered by law to pay to their spouse. Under Indian Law, alimony helps a spouse who doesn't have the capacity to earn a lucrative income or no independent income at all to maintain the standard of living they were accustomed to before the divorce decree. Alimony can either be temporary(alimony during the pendency of the proceeding) or Permanent(alimony after divorce).
The grant of maintenance and the amount and duration will be determined by the Court on the basis of :
Both parties incomes, assets and earning potential.
Lifestyle enjoyed by the parties.
Financial needs and Requirements of the party asking for Alimony
Age and Health of parties.
Duration of the marriage.
Contributions made by the parties towards household and raising the children.
Advocate BK Singh will analyze your financial requirements and assist you with filing a detailed affidavit of income and expenses. He will file all the necessary petitions on your behalf and represent you in court proceedings. He will protect your rights and guide you through the process of getting you a reasonable amount of alimony with terms that you can work with either by arriving at a mutual settlement or by fighting the matter in court.
(Public)
Jun 13, 02:16 PM
New
Q25. Can Wife Claim Husband’s Property After Divorce?
Ans.
When divorce finalized wife has no ownership right over husband property in India. Once marital bonds are broken through registration of divorce deed both man and wife are treated as a separate entity. With respect to any assets after divorce wife or husband won’t have any claims over others property just by being spouse, the individual property ownership holds significance.
However, there are certain exceptions:
Divorce settlements give wife some limited rights over husband property such as
SELF ACQUIRED PROPERTY OF HUSBAND
A wife after divorce proceedings doesn’t have right to lay claim on property owned by husband which he earned by his own means, EXCEPT:
That property was mutually transferred/gifted to her name
Or divorce court passes an order to give her a compensation or amount as part of mutual settlement
ANCESTRAL OR JOINT FAMILY PROPERTY
As far as ancestral property or joint family property is considered wife can’t stake ownership claim on such property, but she can claim-
Right to live in shared family house along with in-laws (conditions apply)
Maintenance from husband that can be ordered by court which is relative to property value
RIGHT TO MAINTENANCE OR ALIMONY
The divorced wife will still have right to get-
Lumpsum settlement amount
Monthly maintenance (conditions apply)
Maintenance or compensation amount which can be ordered by family court judge
PROPERTY BEING DISPUTED AT TIME OF DIVORCE
If any property is under dispute at the time of divorce it can be leveraged during divorce settlements and wife can-
Ask for monetary compensation
Mutually agree to terms which can be fixed by court
Get court help to ensure she is financially taken care of
let me keep it simple
A wife doesn’t automatically own husband property after divorce but she can ask for financial rights to husband’s property in form of maintenance or alimony or as part of divorce settlements.
How can Advocate BK Singh help you out?
At LAW OFFICE OF BK SINGH, you will be helped and guided about your rights after divorce, and how to protect them. We will assist you from out best to-
Analyse your property rights and divorce terms
Draft iron clad divorce settlement & alimony agreement
Fight your case in family court at trial stage if contested
Negotiate with your husband and ensure you get your fair share
Protect you from false claims made by your husband on your property
Handle high-conflict divorce cases, contested divorce strategy & settlements all over Delhi NCR
And help you come to a conclusion which is financially fair to you and legally valid. You will get practical courtroom experience at our law firm which deals with taking every case to its logical conclusion.