(Public)
Jun 13, 01:38 PM
New
Q26. How Is Child Custody Decided After Divorce?
Ans.
Custody decisions are awarded keeping in view of the overall interest of the child. Following the divorce procedure, custody battle of the child does not automatically goes to either mother or father. In order to take a call the judge from family court scrutinize various aspects relating to the issue prior to making any order of custody over the child.
Factors affecting custody orders â
Who takes care of the overall well-being of the child?
Where does the physical and emotional interest of the child lie?
Does the parent have sufficient financial means to provide education, medical treatment and necessities of the child?
What is the age of the child ? Mostly mothers are granted custodial rights over small kids. If the child is of an age that they can express their preference, then the choice made by child is also considered.
What is the lifestyle of parents? Who can provide a safe environment to the child?
Unless required for pressing reasons, courts try not to hamper childâs school and living arrangements.
Custody of child and types of orders under which it can be granted â
Who the child will live with ? (Physical Custody)
Who has rights to take decisions over a childâs life ? (Legal custody)
Can both parents take custody of the child ? (Joint Custody)
Can a parent see the child, if he/she is not granted custody ? (Visitation Rights)
Custody battles are usually resolved in such a way that the child gets affection from both parents and financial support from both the parents as well.
How can Advocate BK Singh help you ?
Attorney at Law BK Singh can assist you from the beginning to the end in child custody cases. Our services include â
Drafting and filing of petitions & responses for child custody.
Appearing & fighting your case in family court.
Preparing a childâs interest angle in your favor to get you favorable custody rights.
Help you in arriving at a mutual agreement of visitation rights /joint custody.
Fight your case for child custody rights in contested divorce cases.
Represent you in the best possible way to ensure you face less harassment and smooth legal experience.
Get expert legal representation for child custody cases in all Delhi NCR family courts understanding childâs interest + strategizing realistic custody options + presenting your case strongly in courts.
(Public)
May 27, 02:51 PM
New
Q27. Can A Wife Claim Maintenance After Divorce?
Ans.
Yes, but only when she is unable to maintain herself and facts are in her favour. Wife can claim maintenance after divorce in India depending on the facts of each case. Maintenance is not granted automatically in every divorce case but every wife has a right to claim maintenance after divorce under Indian law subject to her income and needs, standard of living during marriage, husbandâ qualifications and income, his liabilities and childrenâ expenses, conduct of parties and other circumstances of the case.
She can file a claim for maintenance under Section 25 of Hindu Marriage Act. The court may grant permanent alimony and maintenance either in the decree or at a later stage also depending on facts and circumstances of each case. The court may award lump sum amount or monthly/periodical payments considering the income and property of the parties, their conduct and other circumstances of the case.
She can also claim maintenance from her husband under the general provision of maintenance now inserted as Section 144 of Bharatiya Nagarik Suraksha Sanhita, 2023. This law provides for maintenance of wives, children and parents if a person having sufficient means, neglects or refuses to maintain them. Section 125 CrPC was earlier commonly used for claiming maintenance from husband.
A claim for maintenance by a divorced wife can become weak or liable to modification if she has independent income, got fair amount at the time of divorce settlement, remarries or if the Court finds legal grounds to vary or cancel maintenance order. Under Section 25 Hindu Marriage Act, Courts can vary or modify or rescind the order where circumstances change. The Courts can also vary maintenance order when a party receiving maintenance remarries or as per other conditions specified in statute.
To conclude, wife can claim maintenance after divorce but the Court will not decide simply on emotions. The Court will look into her financial dependency on her husband, real expenses, ability to earn, assets if any, child custody and responsibility, terms of settlement in the past (if any) and whether claim of maintenance is fair.
HOW CAN Advocate BK Singh HELP YOU?
Advocate BK Singh can first advise you whether your claim of maintenance after divorce is legally maintainable or not. He will analyze your divorce decree, terms of settlement (if any), income proof, bank statements, ITR, salary slips, liabilities, expenses incurred for children, medical expenses and pending litigations if any before reviewing the correct legal course for you.
If you are wife demanding maintenance, Advocate BK Singh can help you draft your claim clearly along with supporting documents, details of expenses, dependency and inability to earn and documents related to children and pleading which can be filed in Court.
If you are husband and wife has moved a divorce claim for maintenance against you, Advocate BK Singh can help you analyze if the claim is exaggerated, if wife is working or has any independent source of income/assets, if you had given settlement earlier and whether the claim/demand of wife is sustainable in law.
Maintenance claims after divorce need thoughtful drafting and strong financial documents. Advocate BK Singh helps clients state their facts firmly, avoid weak/ emotional pleading and fight legally for fair outcome in the correct court.
(Public)
May 27, 02:47 PM
New
Q28. What Happens If One Spouse Refuses To Sign Divorce Papers?
Ans.
In India, if your spouse refuses to sign divorce papers then following can happen depending on the kind of divorce case you have. For filing a divorce by mutual consent, both husband and wife have to sign the petition jointly. Mutual Consent Divorce is provided under Section 13B of Hindu Marriage Act which requires that the husband and wife jointly file a petition and they have to agree that the marriage needs to be dissolved.
If your spouse refuses to sign mutual divorce papers then mutual divorce cannot be filed normally. Parties can attempt mediation, settlement discussion, counselling or negotiation to work out disagreements relating to alimony, maintenance payments, child custody agreements, terms for return of articles/jewellery, pending criminal cases, property terms, or any future legal claims.
If your spouse is not agreeing for mutual divorce then you can file a contested divorce petition based on legally valid grounds. Spouses are allowed to file contested divorce cases under Section 13 of Hindu Marriage Act based on cruelty, desertion, adultery, conversion,unsound mind, chronic disease, renunciation, or other valid grounds depending on the facts.
Essentially speaking, your spouse can stop the mutual divorce by not signing the terms but cannot stop you from filing a valid contested divorce case from the court if you have legitimate grounds and evidence to prove your case. The family court will hear your petition, their reply, go through the documents filed, consider if chances of mediation are possible, look at the evidence you have stage-wise hearings before passing a divorce decree.
Spouses usually refuse to sign divorce papers due to many reasons such as disagreement over alimony or child custody terms, visitation rights, disagreements over shared property, maintenance amounts, one spouse wanting the other to withdraw from criminal cases, cheating by promising to marry again, not returning jewellery/items given during marriage, emotional black mail, interference from family members, or to purposely delay the case proceedings. Remember not to force your spouse to sign under any circumstances or use emotional pressure. This can lead to more legal issues in future.
How can Advocate BK Singh help you?
Advocate BK Singh will analyze your case and let you know if your case needs to go further using settlement negotiations, trying for mutual divorce or filing a contested divorce. He will go through the facts, terms agreed upon in messages, pending cases between the two parties, financial disputes, child custody concerns, and evidence before advising you on the suitable legal path forward.
If your divorce can be settled and mutual divorce papers are filed then Advocate BK Singh will ensure to draft clear and comprehensive settlement terms. The terms cover details of alimony, maintenance, child custody and visitation arrangements, terms for return of jewellery/articles given during marriage, terms for withdrawing ongoing cases if applicable, and any clause to prevent any future legal claims so you and your spouse know what it is that you are signing.
However, if your spouse is refusing to sign divorce papers without any valid reason or unwilling to negotiate on unreasonable terms, then Advocate BK Singh can prepare your contested divorce petition, help identify legal grounds for divorce, collect evidence, draft your pleadings, and represent you in Family Courts. He can even help you with related matters such as DV cases, 498A case from husband or wife, fights over maintenance or custody, or mediation assistance.
Your spouse refusing to sign divorce papers may seem like an uphill battle but do not lose hope as you still have legal recourse. Advocate BK Singh will guide you through legal tactics that are lawful, practical for your situation, and can be prepared to be presented in Court.
(Public)
May 27, 02:44 PM
New
Q29. What Is The Process Of Filing A Divorce Petition?
Ans.
Divorce Petition in India can be of 2 types â divorce by mutual consent or contested divorce. Divorce by mutual consent is filed when both parties (husband & wife) agree to divorce each other and settle their disputes on all issues like alimony, maintenance, child custody, return of articles, pending cases, terms of transferring property and waiver of future claims. Contested divorce petition in India is filed when either husband or wife files for divorce on valid legal grounds and other spouse either denies consent or defend themselves from the allegations.
Divorce petitions are mostly filed in the Family Court of the city where you live. As per Section 7 of Family Courts Act, Family Courts have jurisdiction to deal with proceedings which concern matrimonial relief, maintenance, guardianship, custody, and access of minor children. If Family Court is not established in that city, then Divorce petition can be filed in the competent District Court or court having jurisdiction to handle matrimonial disputes.
Process of Divorce Petition
In general, the Divorce petition process is started by consulting a lawyer and reviewing facts. Lawyer will verify marriage date, place of marriage, address, details about children, financial information, facts related to separation, pending cases if any, and identify the correct court to handle your case. Divorce petitions in Hindu Marriage can be filed under Section 13 of Hindu Marriage Act on various grounds like cruelty, desertion, adultery, conversion, mental disorder, communicable disease, renunciation or any other relevant grounds. Divorce by mutual consent is filed under Section 13B of Hindu Marriage Act wherein both spouses agree to divorce and have settled their matters.
Divorce petition is drafted after reviewing all the facts. Petition will include correct details, legal grounds to file divorce, reliefs claimed, and supporting documents. Marriage proof, identity proof, address proof, photographs, details about separation, income documents, child related documents, settlement terms, pending case numbers and copies will be commonly used documents.
The Divorce petition is then filed in the appropriate court. Court may scrutinise papers, ask for notice to be issued, record statements of parties, refer parties for counselling or mediation, hear interim applications and then proceed further as per the facts of the case. In mutual divorce petition, Court mostly verifies the consent of parties, terms of settlement, duration of separation, and voluntary nature of decision. But in contested divorce, court will take pleadings, replies, documents, hear both parties through evidence and examination in hearing stages, hear final arguments, and then pass an order.
You should not file Divorce petition if the facts are unclear, documents are not completely attached, petition is filed in wrong jurisdiction, terms of settlement are not clearly written, or allegations are baseless. These mistakes will lead to unnecessary delays, objections by other party, and future hurdles between parties.
How Advocate BK Singh can help you with Divorce Petition?
Advocate BK Singh can assist you with the legal analysis of your situation to understand if your case is suitable for mutual consent divorce, contested divorce, mediation, or if your matter can be resolved through settlement-based legal planning. He can review the facts of your case, check for jurisdiction, understand the correct legal avenue, prepare divorce petition, help you organise your documents, and advise you on alimony, maintenance laws, child custody laws, domestic violence, and concerns related to section 498A, 406, 307, and terms to drop pending cases.
If you are looking for mutual divorce, Advocate BK Singh can guide you to prepare a settlement draft which clearly mentions terms of permanent alimony, maintenance amount (if any), child custody terms along with visitation rights, who will bear child education expenses, who will keep or return personal belongings and jewelry, whether you will drop pending cases or not, and terms to not file any future cases against each other.
In case of contested divorce, Advocate BK Singh can guide you with drafting proper pleadings, help you organise your evidence, prepare a timeline of facts and events related to separation, file replies if needed, and guide you during mediation, hearing stages, and arguments in front of the judge.
A well-drafted divorce petition allows the judge to understand your side of the story without any confusion. Advocate BK Singh helps his clients with practical legal advice, organised documents, careful drafting of petitions, and support to file the papers so that your matter gets a smooth start in Court.
(Public)
May 27, 02:30 PM
New
Q30. Which Court Handles Divorce Cases In India ?
Ans.
Divorce petitions are generally filed in Family Court if a Family Court has been established in your city for the area. Family Court adjudicates matrimonial disputes including divorce, judicial separation, restitution of conjugal rights, maintenance, child custody, guardianship and other family affairs. Section 7 of Family Courts Act, 1984 provides Family Court jurisdiction over all suits and proceedings which under any law relate to: - matrimonial relief; legitimacy, maintenance, guardianship, custody and access of minor children.
If no Family Court has been set up separately, divorce petitions are generally filed before the District Court or court having jurisdiction to hear matrimonial cases under the applicable personal law. The place of filing for divorce depends on the religion or personal law of parties, place of marriage, where the spouses last lived together, where the respondent reside and in case of wife filing petition even where she is residing at time of filing. As per Section 19 Hindu Marriage Act, petition for divorce can be filed before the District Court which has local jurisdiction where Marriage was solemnised, where the respondent resides, where the parties last lived together, or in cases where wife is filing petition, where she is residing at the time of filing divorce petition.
Let me explain this to you in simple words. Suppose your city has a Family Court; your divorce petition will go to Family Court of that city. But if Family Court is not available for your city, then your divorce case may be filed either in District Court or in a civil court which is notified to take up matrimonial matters. Mutually filed divorce cases (or contested), maintenance, child custody and allied applications would go to the same matrimonial jurisdiction, however criminal complaints such as 498A or Domestic Violence case may be filed in separate courts seeking different relief.
Filing the divorce petition in wrong court can lead to unnecessary delays, objections by other side, return of petition or even transfer requests. Jurisdiction should be checked with care before filing the case especially if parties live in different cities, marriage was performed in different state, wife has moved back to her parental residence, or if there are already multiple cases pending between parties.
HOW CAN ADVOCATE BK SINGH HELP YOU
Advocate BK Singh can help you determine the proper place to file divorce petition in India by determining the place of marriage, place where spouses last lived together, current residence of husband and wife, personal law applicable to your marriage, any cases already pending and the urgency for relief. He will help you understand whether your divorce case is to be filed in Family Court, District Court or any other competent court.
If you wish to file for mutual divorce, Advocate BK Singh can help draft your divorce petition, terms of settlement, alimony payments, child custody terms, return of jewelry and articles and terms for withdrawal of the case before it is filed in the appropriate court. In a contested divorce case, Advocate BK Singh can assist you draft the divorce petition or write statement, organise your evidence, prepare required facts for jurisdiction and handle all allied matters such as divorce from wifeâs side, filing for maintenance, Domestic Violence case, 498A criminal complaint, child custody and mediation.
You should not file a divorce case in India in the nearest court that comes to your mind. Seek help of a lawyer and ensure that you donât make a mistake by filing the petition in the wrong court. Learn about jurisdiction first and file the divorce petition along with your reply to save time, money and harassment. Advocate BK Singh will help you prevent filing mistakes, avoid technical objections by opponents and prevent unnecessary delay by preparing a court ready divorce file with correct legal grounds and facts.
(Public)
May 27, 02:29 PM
New
Q31. Can Divorce Be Filed Online In India?
Ans.
Yes, divorce can be filed online in India at many courts that allow e-filing of cases but it does not grant you an instant online divorce in India. According to e Committee of Supreme Court of India, e-filing is the process of filing legal papers (petitions, replies, applications, and documents) before the High Courts and District Courts which have implemented the e-filing facility.
This means that a divorce petition can be drafted by your lawyer, signed (if necessary), put into permissible formats, supported by documents, and uploaded at the e- filing portal of the relevant court (if that court allows e-filing of divorce). According to eCourts official e-filing portal, âe-Filing is an end-to-end solution for the online filing of Plaint, Written Statement, Reply, and Applications pertaining to the cases.â
Divorce does not necessarily become an âonline divorceâ after e-filing the petition. The court may require scrutiny, there can be objections, physical verification, mediation, personal appearance for statement recording, evidence, and a final hearing can be ordered, as per the court, type of case, and local practice. Even if you are filing for divorce by mutual consent, both spouses may be required to appear for statement recording before the court, unless video conferencing or exemption from appearance is allowed by the court. If you are filing a contested divorce, the court may allow online filing of petition, but the hearings and evidence will be taken as per directions from the court.
Online filing of divorce is possible both for cases where spouses have agreed to divorce by mutual consent and when spouses want to fight the divorce case (contested divorce) as long as the concerned court allows e-filing of cases. Before filing the divorce, ensure that the divorce petition, jurisdiction of the court, proof of marriage, proof of address, identity documents, separation details, terms of settlement, child custody terms, maintenance details, and pending criminal case records (if any) are verified and checked.
HOW CAN ADVOCATE BK SINGH HELP YOU?
Advocate BK Singh can help you determine if your divorce can be filed online before the concerned court and help you identify if your case is appropriate for divorce by mutual consent, contested divorce, or if your spouses have agreed to a settlement that can be saved in the divorce filings. He can review your documents, draft your divorce petition, organize annexures, check if the court has jurisdiction to hear your case, draft terms of settlement between you and your spouse, and make sure you are ready for e-filing (where available).
For divorces by mutual consent, Advocate BK Singh can help you identify and draft clear terms for alimony, maintenance, child custody and access terms, visitation rights, return of personal and marriage articles, withdrawal of any criminal cases, and withdraw any future claims.
For contested divorce filings, Advocate BK Singh can review and help draft your divorce petition or your spouseâs written statement. He can help you organize evidence for your contested divorce and advise you on how to handle issues related to domestic violence, Section 498A cases, maintenance requests, custody battles, and mediation attempts.
Saving time with online filing is great, but poorly drafted divorce petitions and evidence can cause unnecessary delays. Advocate BK Singh can help you arrange your divorce related documents, draft divorce papers that are legally appropriate, and put them in the proper format so that the court accepts them without unnecessary delays.
(Public)
May 27, 02:26 PM
New
Q32. What Documents Are Required For Filing Divorce In India?
Ans.
Documents required for divorce filing in India varies in each case. There are two types of divorce cases in India, namely contested divorce and divorce by mutual consent. In divorce by mutual consent, husband and wife file the divorce petitions jointly by placing their terms in agreement before the court. Section 13B of Hindu Marriage Act pertains to divorce by mutual consent of both spouses wanting to dissolve their marriage. In contested divorce, one spouse individually files the divorce petition against the other spouse on grounds like cruelty, desertion, adultery, conversion, mental disorder or any other ground mentioned under section 13 of Hindu Marriage Act.
Following are some of the common documents that may be required for filing divorce in India:
Marriage certificate (if available).
Photographs from the wedding or any other evidence that can prove your marriage.
Address proof of husband/wife.
Identity proof of husband/wife like Aadhaar card /passport /voter ID /PAN card.
Recent passport size photographs of both parties.
Date and place of marriage.
Date of separation and place where both spouses started living separately.
Proof of separate residence (if available).
Income proof of both parties like salary slips / bank statements /ITR/Business/business partners/employment details.
Childrenâs birth certificates, school records, medical records, and any other evidence related to child custody (if any children).
Mutual settlement agreement or Memorandum of Understanding, if both parties settled and have agreed to divorce.
Terms of agreement such as permanent alimony, maintenance amount, child custody, visitation rights, childrenâs education expenses, who keeps which property, who will return wearables and jewelry, if any. (Applicable in case of mutual divorce).
Copies of any pending cases filed between the parties like domestic violence case, 498A complaint, maintenance case (civil), custody case, criminal complaint case or civil dispute case.
Evidence to prove your allegations in contested divorce case against your spouse like chats, emails, call records, photos, medical records, police complaint, witnesses, expenses incurred, bank statements, income tax records or any other proof that can support your case.
Copy of legal notice, reply, mediation details, counselling records, or communications regarding settlements, if any.
For divorce by mutual consent, important documents include proof of marriage, identity proofs, address proofs, photographs, details about marriage and separation, and clear terms of settlement. However in contested divorce cases, evidence holds more importance since you need to prove your allegations before the court.
Make sure you do not place vague information in your divorce petition. Missing details like dates, records, onecds contradicting statements, and ambiguous settlement terms can make your matter take longer. It can also create problems in future if the terms are not clear.
How Advocate BK Singh can assist you
Based on your divorce case, Advocate BK Singh can guide you on the correct set of documents you will need to file for divorce. He can go over your marriage details, separation facts, details of any pending disputes, financial documents, child custody and upbringing concerns, and settlement terms before drafting your divorce petition.
If you are planning to file for divorce by mutual consent, Advocate BK Singh can guide you on drafting a proper settlement covering all aspects like alimony, maintenance, child custody, visitation rights, childâs education expenses, who will keep or return wearables and jewelry, withdrawal of any pending cases, and compromise clauses so that there are no future claims made by your spouse.
If you are planning to file for contested divorce, Advocate BK Singh can help you sort out your evidence, create a timeline of events and help you identify the right ground of divorce. He can draft your divorce petition or written statement outlining all your facts and can guide you about maintenance, domestic violence, section 498A, child custody, and mediation issues.
Create the right divorce file with your advocateâs help starting from deciding on the right documents, reviewing them, to drafting the petition, preparing for filing and appearance in family court, and strategizing your case until the final order is passed.
(Public)
May 27, 02:19 PM
New
Q33. How Long Does Contested Divorce Take In India
Ans.
Minimum Time required for Contested Divorce in India
On average, contested divorce in India take between 2 to 5 years. However, it can become shorter or drawn out longer based on facts of the case, court hearings, evidence, interim applications filed, mediation by the court, witness examination, and appeals if provoked.
While both parties have to sign on a mutual divorce agreement contested divorce petition is filed when your spouse refuses to grant divorce or disputes allegations & demands of maintenance, child custody, property or terms of settlement.
As per Section 13 divorce grounds are available like cruelty, desertion, adultery, conversion, unsound mind, communicable disease, renunciation, or any other ground as per facts of your case. Also since contested divorce involves proving allegations from the stage of pleadings to evidence, document production and court hearings; cases take longer time than mutual divorce.
Family Court also have obligation to facilitate settlement if thereâs a chance of settlement or reconciliation between parties. In short contested divorce involves counseling session, mediation, filing reply, evidence, cross-examination, interim applications for maintenance or child custody and final arguments before passing of decree.
Timeline becomes longer if husband or wife avoid receiving summons, make repeated applications, deny settlement opportunities, delay evidence, challenge interim orders or appeal against decree. Things move faster when documents and pleadings are clear, adequately drafted and presented; both parties appear for every hearing, avoid pending interim issues, and stay open to settlement where appropriate.
Time frame for contested divorce in India & How Advocate BK Singh can help you
Advocate BK Singh will handle your contested divorce case with legal planning. Proper documentation that is court ready. He will review your facts, advice appropriate divorce ground based on facts. Prepare your divorce petition or written statement. Get your documents in order and help you understand maintenance, child custody related aspects of your divorce. Lastly he will argue your side of the story before Family Court.
Every contest detail matters in contested divorce from statement weaknesses to document disclosure. Advocate BK Singh prevents his clients from making allegations without proof, arguments based on emotions rather than facts, vague pleadings, timelines that do not match facts and evidence that is not properly organised. Advocate BK Singh also helps clients understand if settlement or mediation is better suited for them or if they should aggressively litigate on issues.
If you have been falsely accused in contested divorce or your facing allegations like domestic violence, 498A complaint, demands for maintenance or unfair custody threats and hassled for settlement, contact Advocate BK Singh to learn how he can plan your legal approach right from receiving notice to the final order with realistic advice and proper documentation.
(Public)
May 27, 02:14 PM
New
Q34. How Long Does Mutual Divorce Take In India?
Ans.
Divorce By Mutual Consent in India typically takes 6 months plus from the date of first motion because Section 13B(2) of Hindu Marriage Act states that the second motion is to be taken after 6 months has passed and before 18 months have passed from the date of the first motion. The parties also have to prove that the couple have lived separately for the stipulated period, have arrived at a mutual decision to divorce and desire to marry someone else.
Divorce can be made quicker if parties file for waiver of the 6 months waiting period. Honâble Supreme Court has ruled that time-frame mentioned in section 13B(2) is directory and not mandatory. This cooling period of six months may be waived off by the court at itâs discretion depending upon the facts of each case particularly where there is a settlement of all issues between the parties and there is no scope of conciliation.
The bottom line is that if husband and wife have settled all aspects of their relationship (alimony/maintenance, child custody, child expenses, return of articles, withdrawal of pending cases/documents, transfer of properties on agreed terms and filing of future claims etc. ), mutual divorce proceedings go faster. If both parties come to court with incomplete documents, unrecorded settlement terms subject to changes during trial, one party not turning up for court date or parents fighting over custody and payment amounts for child, the matter can take much longer.
How Advocate BK Singh Will Help You Through Mutual Divorce:
Advocate BK Singh can help you file for mutual consent divorce in the most cleanest (least contentious) and legally safe manner possible by first reviewing the facts of your case, advising you how to put a proper settlement structure in place, drafting the mutual consent divorce petition, guiding you on legally acceptable alimony and child custody terms, drafting waiver requests if applicable, and finally appearing in court with you and coordinating for the final divorce decree to be passed by the judge.
I strongly suggest that clients and their spouses engage me at the earliest stages of divorce because a well thought out mutual divorce settlement is critical to the process. MOST fights happen in divorce because parties use vague terms in their settlement. Adv. BK Singh will make sure critical terms like maintenance, lump sum permanent alimony payments, custody, visitation rights, child education expenses, withdrawal of complaints/cases, return of jewelry/articles, transfer of_PROPERTIES ON AGREED TERMS, and no future claims are all put down on record before your matter is taken up in front of the judge.
If you and your spouse both have a genuine desire to separate peacefully then I can help guide you through the legal hoops with proper documentation, commonsense advice, and on-time filing.
(Public)
May 23, 05:41 PM
New
Q35. What Are The Legal Grounds For Divorce In India?
Ans.
Legal grounds for divorce in India vary from law to law
Divorce Laws are personal laws/marriage laws. There are several marriage laws in India and each marriage law provides different grounds on which you can seek divorce. If you are Hindu, Buddhist, Jain or Sikh then probably Hindu Marriage Act, 1955 will apply to you and your spouse. If you had a civil marriage ceremony then Special Marriage Act, 1954 might apply to you. If you are Christian then Indian Divorce Act, 1869 will apply to you. However, if you are Muslim woman who wants to dissolve marriage through Court then Dissolution of Muslim Marriages Act, 1939 spells out grounds specifically available to you.
Some common legal grounds for divorce that exist in India are adultery, cruelty, desertion, conversion to another religion, serious mental disorder, communicable venereal disease (if applicable), renunciation of the world, and not heard alive for seven years or more. Under Hindu Marriage Act, husband as well as wife can jointly or separately file divorce petition on grounds of adultery, cruelty, desertion for at least two years immediately prior to filing of petition, conversion to another religion, mental disorder making spouse unfit for marriage, venereal disease in communicable form, renunciation, and presumption of death. Moreover,
Cruelty as a ground can range from physical cruelty to mental cruelty. It can range from harassment to repeated abusive conduct, serious false allegation, humiliation to forceful separation. Mental cruelty very broadly means any conduct which makes life of the spouse miserable to the extent that the continuation of marriage becomes impossible. Exact determination of result would be based on evidence and facts of each case.
Desertion means where one spouse has left another spouse without any reasonable ground and with no intention to come back. Under Hindu Marriage Act, period of desertion should generally be for at least two years continuously before filing of divorce petition.
Adultery means voluntary sexual intercourse of a person with someone other than his or her spouse after marriage. Adultery can be a ground for divorce, but the party filing divorce petition would need to prove adultery with legally acceptable facts and circumstances.
For marriage governed by Special Marriage Act, 1954 divorce can be filed by husband or wife on statutory grounds similar to those available in Hindu Marriage Act such as adultery, desertion, imprisonment, cruelty, mental disorder, venereal disease, presumption of death, and other grounds. Mutual consent divorce is also separately provided under Section 28 of Special Marriage Act.
Indian Divorce Act, 1869 governs divorce of Christian marriages. Grounds for dissolution of marriage are mentioned under Section 10 of Indian Divorce Act and mutual consent divorce is mentioned separately under Section 10A.
For Muslim marriages, even if husband wants divorce then wife can approach Court under Dissolution of Muslim Marriages Act, 1939 on the following grounds: whereabouts of husband are not known for four years; not providing maintenance for two years; sentenced to imprisonment for seven years or more; unable to perform marital obligations for three years; is impotent; insane; suffer from virulent venereal disease; husband has repudiated marriage in certain cases of child marriage; treat wife with cruelty; or any other ground as is recognized by law Sharia.
Mutual Consent Divorce Vs Contested Divorce
If you and your spouse both agree to get divorce then it is called mutual consent divorce. You can file mutual consent divorce petition under relevant law. But if your spouse is not agreeing to get divorced then you can still file contested divorce in Court. But you will have to prove that legal ground with valid documents, prove it with the conduct of parties, prove it with witnesses if any, prove it with records maintained by you and try to be ready with evidence that can be presented in Court.
How Can Advocate BK Singh Help You?
At Advocates Bureau, Advocate BK Singh can first help you understand which divorce law applies to your marriage. He can then examine your facts to point out if they support cruelty, desertion, adultery, failure to provide maintenance, child custody issues, domestic violence, streedhan recovery, or settlement through mediation.
He can go through your marriage documents, chat and call records, financial documents, any complaint you have filed, notices you have received, child related school or medical records, and prior discussions for settlement (if any) before advising you on the right legal course. If mutual consent divorce is possible then he can also help you clearly draft the terms of settlement. Else if the other side is not even willing to listen then he can help you prepare contested divorce petition, reply to divorce petition, application for maintenance, documents for claiming custody, response to domestic violence, or mediation strategy.
Divorce Lawyer Delhi NCR, Advocate BK Singh specializes in providing practical advice. Documents are cleanly drafted, focused on necessary documentation, realistic timelines are advised and counsels are kept ready with evidence based legal approach so that you can take informed action without any confusion.
(Public)
May 23, 05:35 PM
New
Q36. Can Wife File Divorce Without Husbandâs Consent In India?
Ans.
Yes, in India a wife can file divorce without husbandâs consent. The wife does not require consent of the husband to file a divorce petition. If the husband is not agreeing for divorce by mutual consent, the wife can independently file contested divorce petition before the appropriate family court if she has legal grounds to do so. According to Hindu Marriage Act, either husband or wife can file divorce petition under Section 13, but for divorce by mutual consent, both husband and wife have to file the petition together under Section 13B claiming that they mutually agree that the marriage should be dissolved.
This implies there are two different scenarios. Husband and wife can file divorce by mutual consent if both parties agree to part ways amicably. However, if the husband does not agree, prevents a settlement, harasses the wife, denies giving separation or does not cooperate, wife can take legal recourse by filing contested divorce against him on legal grounds such as cruelty, desertion, adultery, conversion, mental disorder, renunciation, or other grounds available under law.
Similarly, if the marriage was registered or performed under Special Marriage Act, even that divorce can be filed by either spouse individually under Section 27, but for divorce by mutual consent, both spouses have to file together under Section 28.
Disclaimer: Wife should know one thing that filing divorce without consent of husband does not mean the court will simply grant you divorce. As a wife, you will have to prove your case on the basis of facts, documents, evidence, conduct of parties and lawful grounds which are acceptable to the court of law. Court will also look into related issues such as your demand for maintenance, child custody, visitation rights, right to reside in matrimonial home, claims for streedhan, allegations of domestic violence and chances of settlement before granting divorce.
HOW ADVOCATE BK SINGH CAN HELP YOU
Advocate BK Singh can analyze if your case is eligible for divorce by mutual consent, contested divorce, filing Domestic Violence Act case, claiming maintenance, seeking custody of children, getting streedhan from husbandâs family, or is can be settled through mediation. He can go through facts, marriage certificate or related documents, call and message history, financial documents, evidence related to domestic violence, documents related to children, any previous legal notice or complaint served or received by you before deciding which legal course should be chosen.
If your husband is not consenting for divorce, advocate BK Singh can help you plan your contested divorce strategy on grounds of cruelty, desertion, harassment, non-cooperation, financial negligence, mental cruelty, etc. He can even help with drafting of divorce petition, application for maintenance, documents for child custody or visitation, evidence and documentation for domestic violence case, terms of mediation or settlement, and drafting of settlement documents. Divorce Lawyer Delhi provides focus on practical solutions, clean drafting of documents, planning according to facts and evidence, realistic timelines and correct documentation which is court-ready so that you can initiate legal proceedings without any confusion or panic.
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May 22, 01:59 PM
New
Q37. Can Husband File Divorce Without Wifeâs Consent In India?
Ans.
Yes, husband can file divorce without wifeâs consent in India. But it will not be a divorce by mutual consent. It will be contested divorce.
In divorce by mutual consent both husband and wife have to agree to part ways. According to Section 13B of Hindu Marriage Act âevery divorce petition by mutual consentâ shall be presented by husband and wife jointly.
If wife is not agreeing to divorce then husband can still approach the Family Court with contested divorce petition on legally valid grounds. Divorce can be sought by husband or wife by filing a petition for divorce in Family Court on grounds like cruelty, desertion, adultery, conversion, mental disorder etc. as listed in Section 13 of Hindu Marriage Act.
So, wifeâs consent is not necessary to file a divorce petition. But family court will not grant divorce just because husband wants it. He will have to prove legal grounds with supporting documents, facts and evidence.
If wife defends the case, then court will allow her to be heard also. If she doesnât show up in court after being given proper notice, then court may pass orders ex parte, but husband will still have to prove his grounds.
How Can Advocate BK Singh Help You
Advocate BK Singh can analyze your facts, advise you on the proper legal ground for divorce, draft contested divorce petition, help you prepare evidence, represent you in Family Court proceedings, reply to false cases filed by your wife, and guide you about related issues like maintenance and divorce, alimony, child custody, Matrimonial and domestic violence cases, anticy 498A, and possibilities of settlement.
If your wife is refusing divorce, Advocate BK Singh will help you figure out if contested divorce or mediation/settlement is your safer legal option.
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May 22, 01:41 PM
New
Q38. What Is The Difference Between Mutual Divorce And Contested Divorce?
Ans.
Mutual divorce is when husband and wife want to dissolve their marriage amicably and agree on key terms such as alimony/maintenance, child custody/visitation, amount of streedhan, disposal of shared property and withdrawal of pending cases against each other. Section 13B of Hindu Marriage Act, 19 55 deals with divorce by mutual consent of husband and wife. Both spouses file an application jointly and state that they have been living separately for over a year, they have failed to live together and they both agree to dissolve the marriage.
Contested divorce is when either husband wants divorce and wife doesnât or vice versa, or both spouses have serious differences they cannot resolve. Contested divorce is filed on various legal grounds such as cruelty, desertion, adultery or any other ground that is recognised by law. Under Section 13 of Hindu Marriage Act, husband/wife can file for divorce on any ground that is legally recognised. However the spouse filing the petition needs to prove the stated ground(s) to the Court.
To put it simply, mutual divorce is based on partiesâ agreement. A contested divorce is based on evidence or proof.
Mutual divorce proceedings are smoother since both spouses are cooperating with each other. Contested divorce takes time since the Court hears both parties, goes through the documents submitted, records evidence and then comes to a conclusion whether the spouses should be divorced or not.
How Advocate BK Singh can assist you?
Advocate BK Singh can help you figure out if your case can be filed under mutual divorce or contested divorce. He can draft your mutual consent divorce papers, settlement agreement, alimony amount and terms, child custody terms and conditions for withdrawal of any pending cases. If your case is contested, he can draft your divorce petition or reply to your spouseâs petition, gather evidence, represent you in Family Court proceedings, defend you from false allegations made by your spouse and advise you on seeking maintenance/alimony, fighting false domestic violence/498A case and fighting for custody of your child/children.
If you are stuck between choosing mutual divorce and contested divorce, Advocate BK Singh can go through your facts and recommend you the safest legal option.
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May 21, 04:12 PM
New
Q39. What Is Contested Divorce In India? How It Works In India?
Ans.
A contested divorce in India refers to a situation where either one spouse wishes to get divorce and the other spouse disagrees or neither of the spouses agree on grounds like cruelty, desertion, maintenance, alimony, custody of child, property etc or false allegations against your spouse.
In such a scenario, the spouse who files a petition before the Family Court alleging his/her spouse for legally valid grounds for divorce. The Family Court issues notice to the other spouse and upon hearing both parties and evidence, allows or denies divorce.
Contested divorce is where both parties do not mutually agree for divorce. Instead, one party needs to prove the grounds for divorce like cruelty, desertion, adultery or any other valid reason for seeking divorce.
Ways Advocate BK Singh can help:
âȘ Analyze your case
âȘ Find out the proper ground for divorce
âȘ Draft and file the divorce petition
âȘ Collect evidence
âȘ Represent you in Family Court
âȘ Reply to wrong allegations made by your spouse
âȘ Advise you on issues like maintenance, child custody, alimony and settlements.
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May 21, 03:55 PM
New
Q40. Can I Get Divorce Without My Spouseâs Consent In India?
Ans.
Yes, you can file divorce without spouseâs consent in India but it cannot be through mutual consent. It will be contested divorce against your spouse.
In mutual divorce case both husband and wife need to agree to part ways. Mutual consent divorce case for Hindu marriage is generally filed under section 13B of Hindu Marriage Act, 1955, where both husband and wife agree together and file case and appear before court together.
If your wife or husband is not agreeing for divorce you can still file divorce petition on one of the legally valid grounds. Husband or wife can claim divorce in India on grounds of cruelty, desertion for 2 years, adultery, conversion, mental disorder and some other legally valid grounds as per section 13 of Hindu Marriage Act.
So, technically your wife cannot prevent you from filing divorce case against her. But the judge will not grant you divorce just because you want it. You need to establish valid legal grounds on the basis of facts, documents and evidence you can produce in court. If she doesnât appear in court despite being given proper notice by the court, then the court may allow the proceedings to be continued further, but you will still need to prove your grounds for divorce.
Exactly how can Advocate BK Singh help you?
Advocate BK Singh can assist you with the following. Assessing your facts to find out whether you can go for mutual divorce or contested divorce, identifying the proper legal ground for your case, drafting your divorce petition, collecting proofs and taking care of all Family Court procedures including dealing with objections and false allegations levelled by your spouse. We can also advise you on various related issues like claiming maintenance, child custody and visitation rights, alimony, defence against potential DV case from your wife, and various terms of settlement you can claim from your spouse.
Even if your spouse is not agreeing for divorce, you can have Advocate BK Singh look into the facts of your case and advise you on the safest legal option available to you before you proceed any further.
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May 20, 03:56 PM
New
Q41. What Is Mutual Consent Divorce And How Does It Work In India?
Ans. Mutual consent divorce is the quickest and easiest way to end a marriage when both husband and wife want to separate. Hindu couples usually file it under Section 13B of the Hindu Marriage Act, 1955 in India. The parties should decide matters like permanent alimony, child custody, visitation rights, stridhan, property, pending complaints and future claims before filing. The first motion is filed in Family Court, statements are taken and then the second motion is moved after the statutory period or after waiver depending on the facts. It is very important that the deed of settlement is properly drafted as the court will consider whether the consent is free, genuine and full.