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Showing posts from August, 2020

Mutual Divorce and its procedure.

Mutual Divorce is the simplest and easy way to end your marriage, as compared to a contested divorce, it saves significant time, economic and mental loss. Section 13B of the Hindu Marriage Act, 1955 enumerates the law pertaining to divorce by mutual consent. Section 28 of the Special Marriage Act, 1954 and Section 10A of the Divorce Act, 1869, also provides for divorce by mutual consent. Where to file? As per Section 19 of the Hindu Marriage Act, 1955 you can file the divorce petition before a civil court of a district- 1. Where the couple seeking divorce last resided together 2. Where the marriage took place 3. Where the wife is residing at present 4. Where the opposite party is residing at the time of presentation of the petition. File a Joint Petition A joint petition for dissolution of marriage and for a decree of divorce is to be filed before the appropriate court signed by both the parties stating that they are not being able to live together and mutually agreed to dissolve thei

Contested Divorce and its procedure.

Contested divorce is a formal way of seeking a divorce from your spouse who is not agreeable to the idea of divorce. But the reasons for contested divorce shouldn’t be mere your choice to live separately, it should be reasonable ground to prove that the actions, behaviour, omissions or conduct of your spouse has annoyed you to the extent that it made you come to the conclusion that living together is not possible. Procedure and Court proceedings             For obtaining a contested divorce you need to consult a good and trustworthy divorce lawyer and explain the whole marital situation and difficulties you are facing in detail to him.             The divorce lawyer will prepare a Petition as per the facts and circumstances explained and narrated to him by you. You need to provide all the relevant documents and proof related to marriage and also the proofs supporting the allegation made in the divorce Petition             After completing all the formalities required in preparing the

Procedure of Divorce in India

   “They say marriages are made in heaven. But so is thunder and lightning.”  — Clint Eastwood Despite all your efforts and blessings, sometimes marriage could not reach out the commitments or the vows taken on your wedding day and it becomes vexing due to lack of understanding and misconduct of your partner. And when it becomes very difficult to proceed this journey together you opt for divorce, but parting your ways legally is not so easy. In India Marriage and Divorce laws vary for different religions and are governed by personal laws. The different laws regarding divorce are: - Hindu Marriage Act, 1955, Indian Divorce Act, 1869, Dissolution of Marriage Act,1939, Parsi Marriage and Divorce Act, 1936 and Special Marriage Act, 1954. According to the Hindu Marriage Act, 1955; If you and your spouse have mutually decided to part your ways legally, you can file for a ‘Mutual Divorce’,  and if the other party is not willing to get a divorce, you can file for a ‘Contested divorce’ on reaso