Top Divorce Lawyer in Indore

India has dissimilar divorce laws for different religions. Almost all the religions have their own divorce laws in India which are used and utilized when any dispute arises between two families or married persons.

Using our decade long experience, the team of our divorce lawyers always provide excellent advice relating to the divorce proceedings, and also other matters including child custody, dowry matters, property after divorce, maintenance for wife and child, sexual harassment, domestic violence, child custody and guardianship cases etc.

Other than the above-said affairs, we dedicatedly provide meaningful legal assistance to our nationwide clientele in the following areas:

Registration of marriage, Adoption of child/childrenGuardianship, Inheritance and Succession,  Divorce petition by both/either parties, Divorce by mutual consent, Restitution of conjugal rights,  Judicial separation, interim maintenance/compensation and permanent alimony.

We are legal professionals driven by humanitarian considerations when it comes to charging our fees. We charge reasonably-fixed fees to handle the case of a Mutual Divorce.However, the fee criteria for a contested case may differ as per the nature and gravity of the case, the actual fees is a matter of in-person discussion that can be had by visiting our office.

Just give us a call or write a mail for any further questions, we get back to you within 24 hours.

HINDU LAW

MARRIAGE CAN BE TERMINATED IN HINDU LAW BY SEEKING DIVORCE ON FOLLOWING GROUNDS

1.Spouse had voluntary sexual intercourse with any person other then spouse.

2. Treated the spouse with cruelty.

3. Deserted the spouse for not less then 2 years.

4. Spouse has been incurably of unsound mind.

5. Spouse has been suffering from a virulent or incurable form of leprosy.

6. Spouse has been suffering from venereal disease in a communication form.

7. Spouse had renounced the world by entering any religious order.

8. Spouse has not been heard of as being alive for a period of 7 years.

9. That any other wife of the husband is alive.

10. That the husband is guilty of rape, sodomy or bestiality.

11. That the marriage of female was solemnized before she attained the age of 15 years and she has repudiated the marriage after attaining that age.

Divorce by Mutual Consent

Procedure for Mutual Consent Divorce Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act.Mutual Consent Divorce has brought relieve. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce.As per law, duration/time of obtaining mutual consent divorce is six months. Although, parties have option of filing the second motion petition any time between six months and eighteen months from the date of the filing of the Mutual Consent Divorce Petition. Parties desirous of Mutual Consent Divorce are always perplexed as to how to initiate the process, role of court, terms and conditions of mutual consent divorce, issues of maintenance and child custody, duration of mutual consent divorce, place where Petition for mutual consent divorce can be filed and other allied questions.

For the purpose clarity, you just need to understand following bullet points

• Spouses should talk to each other about future course.
• If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down.
• Forget thefear of society.
• Nobody knows situation better than husband and wife themselves; also impact on the children.Accept that there can be agreement even in disagreement.
• If there are children involved, spouse should decide amongst themselveswho is going to be have the physical custody of the children, duration of visitation rights and interim custody during summer and winter vacations and other holidays.
• Both parents are equally competent to take the custody of the children. It’s the understanding and agreement between parties which prevails subject to the welfare of the minor children. Parties can have understanding of joint custody or shared parenting in mutual consent divorce process.

Next important aspect is financial settlement. There are various aspects of financial settlement which includes alimony, maintenance, house, education expenses, higher education expenses, marriages, istridhan, joint investments, joint accounts and many other. As a mutual consent divorce lawyers, we provide platform to parties to discuss these issues in calm atmosphere and reach to their own solutions. We as a mutual consent divorce lawyers provide different options using our vast experience in the field to resolve issues affecting the chances of settlement. Sometime, emotions between spouses are running so high that logic fails.NOW, you are ready to file petition for mutual consent divorce.

Petition for mutual consent divorce can be filed at any of the following place:-

• Place where marriage had taken placePlace where husband and wife last resided together.
• Place where wife is residing at the time of filing of the Petition.

Once petition for divorce by mutual consent is filed, parties presence are required in the Court for recording of the statement. In the event one of the party is unable to come, such party can appear through power of attorney. Such power of attorney preferably should be a family member of the spouse.Once statement is recorded, it is commonly called First Motion has been granted.

After passing of first motion, parties are called upon to wait for six months period before moving Petition for second motion. This period is extendible unto eighteen months. This six months period in mutual consent divorce is generally called cooling-off period. Six months period are given to parties to think their relationship again. It is given for reconciliation.

After six months period, if parties have been unable to resolve their differences, they will have to appear in the Court again. Statement of parties would be recorded again.

During the period of six months i.e. before moving second motion, both parties have liberty to withdraw their consent for divorce.

After this Court passes an order dissolving the marriage by granting decree of divorce and thereby marriage stands dissolved.

In Hindu Marriage Act no divorce petition can be filled unless 1 year of marriage has elapsed and in divorce by mutual consent a period of 6 months is required to reconcile and after expiry of that 6 months the decree of divorce can be granted. It means that in divorce by mutual consent parties have to wait at least for 1 year and 6 months after marriage to get decree of divorce and in contested case they have to wait at least for 1 year to file the petition, leave alone the time taken in court in proceedings.

In modern time nobody wants to continue for so long when the matter to severe the relationship is settled. Moreover unless the first marriage is annulled by the court the second marriage cannot be contracted. Looking in to the problems we have discovered a new method to get a decree of divorce quickly without waiting the said period and which is perfectly legal.You can file the decree anytime and get the marriage annulled at any time and that too without escaping any provision of law.