At Divorce Consultants we do not believe that people should go through this process alone, they need good advice and a person to help them in order to move forward in a peaceful and affordable direction. The time frame for a normal divorce is about 2 years between the paperwork, discoveries and disclosures, the actual process can feel endless; add custody or access issues or one party not willing to settle and the process can take years and tens of thousands of dollars. Our company was formed to help our clients move their forward with knowledge, pre-screened resources and everyone on the team moving in the same direction with the same set of values and standards ( to help our clients in an affordable way).
We want our clients to have a healthy transition into their new lives both financially and emotionally. You do not want to go through this process alone or on the advice of your friends and family.
We undertake all kinds of litigation pertaining to the divorce. In India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1956, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:
Mutual Consent Divorce
In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved.
Contested Divorce
In such cases either of the spouses can file a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who files the petition/case) has to prove his case. On successfully proving the charges and grounds, divorce decree is granted by the Court.
Why Divorce Lawyers ?
Marriage is a rule and divorce is an exception in the context of Indian society. Marriages vibrate positive energy with a commitment for eternal relationship with the partner. But, all marriages do not carry till the life. They end early by the process of divorce. Divorce always connotes negative energy, yet at times, this is the only option. Couple put an end to all their commitment and decides to part away. Some couple go in decent manner by filing divorce by mutual consent understanding the futility of relationship and marriage. While others go for thebitter, complex and ugly contested divorce manner.
Need of a good divorce lawyer is indispensible. A good divorce lawyer is well informed about the current matrimonial laws, decisions of the court and most importantly the practical way to deal the same in the court of law. Divorce lawyer helps in tackling the complex issue of maintenance and child custody and help the client in resolving the issue by keeping the best of interest of client. Expert Divorce lawyer on the strength of his experience draws strategy at the pre-litigation stage and is generally under the control of the situation in Court room. Divorce Lawyer needs to be sensitive to the emotions & rising egos of couples.
He should not only be lawyer but your best friend at this emotional crisis of life.
Some time a good divorce lawyer helps in the resumption of matrimonial ties by ironing out the negative feelings prevailing among couple. Thus, helps in saving the marriage.
Child Custody
1) Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
2) Interim Custody : During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
3) Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent can not be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.
Maintenance
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
Permanent Maintenance:It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.
Criminal Proceedings
Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498A ofIPCis registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. Along with this a case under section 406 of IPC is registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act.
In such cases, at the first instance, husband and his relatives have to apply for the interim protection, anticipatory bail and regular bail, etc. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience of criminal proceedings.
Annulment Of Marriage
A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the 'divorcee' is not attached. Annulment of marriage is very important in the scheme ofmatrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.
Restitution Of Conjugal Rights
It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. This remedy is often used strategically in fighting matrimonial cases.
Domestic Violence
Protection of Women from Domestic Violence Act, 2005 which is generally referred asDomestic Violence Act is a newly enacted law among other matrimonial laws. It provides variety of rights to the victim of Domestic Violence. Such right includes right to shelter in the same home,right to maintenance, protection order, residence order, monetary relief, custody of children, etc, etc. The striking feature of the law is that it provides right to third party to institute a complaint under the law, if he/she comes to know about the happening of any domestic violence.
It gives wide discretionary power to the Magistrate in disposing of the complaint under the Act such as passing of an ex-parte order under certain circumstances, etc. It mandates the Magistrate, to attempt to dispose of the complaint within a period of 60 days. It also mandates the magistrate to refer the parties to Counsellor. Law also provides for the appointment of protection officer who is under duty to investigate the case and submit report to the concerned Magistrate.
DIVORCE, ANNULEMENT, CHILD CUSTODY : Issues Amongst NRIs, Indian’s Living Abroad
Divorce itself is complicated. Complication compounds and aggravate when it involves Indian Law of Divorce and Foreign Divorce and issues arising out of the same.
General questions that arise from such situation can be summed up as “Can a marriage which is solemnized in India dissolved by foreign Court? Can Indian’s living abroad (for eg US) file a case for Divorce in foreign Court say US Court ??? Whether a decree of divorce granted by foreign Court say US Court is valid, legal and binding in India?? Whether an exparte decree of divorce granted by foreign Court, say US court, will be valid and binding in India? Can Indian Court restrain a spouse who has instituted divorce proceedings in foreign country?? Can a person file for divorce in foreign country (say US Court)? Is it necessary that if a divorcee decree is obtained from foreign Court( say US Court) need to validated in India by Indian Courts.
Answer to aforesaid questions differs from situation to situation and case basis. However, as per Indian Law as interpreted by Indian Court including the Supreme Court of India on NRI divorce issues, settled position can be stated as under :
Mutual Consent Divorce amongst NRIs, etc: Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.
Contested Divorce in foreign Court can be valid and binding depending upon on the below equation:
1 - Matter is contested by both spouses in foreign Court.
2 - Matter is uncontested in foreign Court and one spouse comes back to India(Generally wife)
In the event, matter is contested between parties in foreign Court-say US Court, and after due adjudication and trial, divorce is granted by the foreign Court, same will be valid and binding in India. However, it is necessary to be kept in mind that ground which parties seek to obtain divorce should also be available in India.
In case matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India. Party which comes back also has an option of filing a case in India to prevent the other spouse from proceeding in foreign Court. Indian Court has jurisdiction over its citizen. Ex-parte decree of Divorce granted by foreign Court will not be recognized by Indian Court.
Other issues like child custody and maintenance goes by the same principal. In Child Custody cases, special care and circumstances are always taken care of and the principal as explained above may vary. However, universal principal remains constant in guiding the issue of the child custody by any Court in India or foreign Court is the welfare of the child. Welfare of the child depends upon variety of factor.
Divorce Petition Drafting
Half of the battle is won on the basis of the sound drafting of the Divorce Petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case.
Divorce is a complex issue and hard core emotions are involved. Divorce is not a dispute for profit but personal battles fought in the Court. Effective drafting involves lot of care and conscious efforts need to be put in balancing the legal and personal interest of clients.
Our experience leads to one conclusion that each case is different and so are the issues involved in the divorce case. While drafting divorce Petition, it is all very important to have all issues arising out of real facts so that it should give one never ending and clinching feeling that the divorce pleading is based on true facts and is not a divorce petition template or one general standard form of Divorce Petition.
We are conscious of the laws regarding divorce and constant and perennial development related to divorce laws in India and thus drafting conforms to the legal requirements of the case.
You can rely on our experience in getting divorce Petition drafted which echoes your true emotions!!!!
We want our clients to have a healthy transition into their new lives both financially and emotionally. You do not want to go through this process alone or on the advice of your friends and family.
We undertake all kinds of litigation pertaining to the divorce. In India, there are various Laws which govern the principle of Divorce like Hindu Marriage Act-1955, Special Marriage Act-1956, Indian Divorce Act, Christian Marriage Act, etc. These laws basically deals with various aspects of divorce and most importantly laid down the grounds on which divorce can be sought by the spouses against each other. Under Indian Laws, divorce is generally divided in to two parts:
Mutual Consent Divorce
In Mutual consent Divorce, a joint Divorce petition is filed in the District Court containing all terms and conditions regarding settlement between Husband and wife. Statement is recorded by the Court. Subsequently, Court calls parties again after six months to get their statement recorded. After recording of statement, Court grants Decree of Divorce and by virtue of same marriage gets dissolved.
Contested Divorce
In such cases either of the spouses can file a petition for the dissolution of marriage amongst the grounds available to him/her under the law applicable to them and the petitioner (one who files the petition/case) has to prove his case. On successfully proving the charges and grounds, divorce decree is granted by the Court.
Why Divorce Lawyers ?
Marriage is a rule and divorce is an exception in the context of Indian society. Marriages vibrate positive energy with a commitment for eternal relationship with the partner. But, all marriages do not carry till the life. They end early by the process of divorce. Divorce always connotes negative energy, yet at times, this is the only option. Couple put an end to all their commitment and decides to part away. Some couple go in decent manner by filing divorce by mutual consent understanding the futility of relationship and marriage. While others go for thebitter, complex and ugly contested divorce manner.
Need of a good divorce lawyer is indispensible. A good divorce lawyer is well informed about the current matrimonial laws, decisions of the court and most importantly the practical way to deal the same in the court of law. Divorce lawyer helps in tackling the complex issue of maintenance and child custody and help the client in resolving the issue by keeping the best of interest of client. Expert Divorce lawyer on the strength of his experience draws strategy at the pre-litigation stage and is generally under the control of the situation in Court room. Divorce Lawyer needs to be sensitive to the emotions & rising egos of couples.
He should not only be lawyer but your best friend at this emotional crisis of life.
Some time a good divorce lawyer helps in the resumption of matrimonial ties by ironing out the negative feelings prevailing among couple. Thus, helps in saving the marriage.
Child Custody
1) Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
2) Interim Custody : During the pendancy of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
3) Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent can not be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.
Maintenance
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
Permanent Maintenance:It is awarded at the time when whole case is finally decided. It could be periodical or monthly depends upon the facts and circumstances of the case.
Criminal Proceedings
Presently, matrimonial cases are not confined within the realm of civil and family laws. Such cases can have criminal character too. Generally, wherever there is a cruelty exercised by the husband or his relative upon the wife in regard to the demand of dowry, a criminal case under section 498A ofIPCis registered against the husband and the other relatives who were causing such cruelty or whose name is mentioned in the complaint by the wife. Along with this a case under section 406 of IPC is registered for criminal breach of trust beside other provision of IPC and Dowry Prohibitions Act.
In such cases, at the first instance, husband and his relatives have to apply for the interim protection, anticipatory bail and regular bail, etc. We provide our expertise service in this regard in defending as well as prosecuting the case. We have vast court experience in this regard. We also try to effectively negotiate and settle the matter in between the parties so that the parties can be saved from the traumatic experience of criminal proceedings.
Annulment Of Marriage
A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the 'divorcee' is not attached. Annulment of marriage is very important in the scheme ofmatrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.
Restitution Of Conjugal Rights
It is another important remedy provided by law to the spouses. In cases, where one party leave the company and society of the other spouse, then a case for restitution of conjugal rights can be filed in the Court. The Court directs the defaulting spouse to join the company of the other spouse unless there is a strong reason justifying such withdrawal. This remedy is often used strategically in fighting matrimonial cases.
Domestic Violence
Protection of Women from Domestic Violence Act, 2005 which is generally referred asDomestic Violence Act is a newly enacted law among other matrimonial laws. It provides variety of rights to the victim of Domestic Violence. Such right includes right to shelter in the same home,right to maintenance, protection order, residence order, monetary relief, custody of children, etc, etc. The striking feature of the law is that it provides right to third party to institute a complaint under the law, if he/she comes to know about the happening of any domestic violence.
It gives wide discretionary power to the Magistrate in disposing of the complaint under the Act such as passing of an ex-parte order under certain circumstances, etc. It mandates the Magistrate, to attempt to dispose of the complaint within a period of 60 days. It also mandates the magistrate to refer the parties to Counsellor. Law also provides for the appointment of protection officer who is under duty to investigate the case and submit report to the concerned Magistrate.
DIVORCE, ANNULEMENT, CHILD CUSTODY : Issues Amongst NRIs, Indian’s Living Abroad
Divorce itself is complicated. Complication compounds and aggravate when it involves Indian Law of Divorce and Foreign Divorce and issues arising out of the same.
General questions that arise from such situation can be summed up as “Can a marriage which is solemnized in India dissolved by foreign Court? Can Indian’s living abroad (for eg US) file a case for Divorce in foreign Court say US Court ??? Whether a decree of divorce granted by foreign Court say US Court is valid, legal and binding in India?? Whether an exparte decree of divorce granted by foreign Court, say US court, will be valid and binding in India? Can Indian Court restrain a spouse who has instituted divorce proceedings in foreign country?? Can a person file for divorce in foreign country (say US Court)? Is it necessary that if a divorcee decree is obtained from foreign Court( say US Court) need to validated in India by Indian Courts.
Answer to aforesaid questions differs from situation to situation and case basis. However, as per Indian Law as interpreted by Indian Court including the Supreme Court of India on NRI divorce issues, settled position can be stated as under :
Mutual Consent Divorce amongst NRIs, etc: Generally a mutual consent divorce granted by foreign Court is considered as valid, legal and binding in Indian Courts by virtue of section 13 and 14 of Code of Civil Procedure and also on account of comity of Nations. Such decree of divorce granted by foreign Courts need not to be validated in Indian Courts. However, as a matter of abundant precaution, one can approach to the Indian Court for declaring that divorce is valid and binding.
Contested Divorce in foreign Court can be valid and binding depending upon on the below equation:
1 - Matter is contested by both spouses in foreign Court.
2 - Matter is uncontested in foreign Court and one spouse comes back to India(Generally wife)
In the event, matter is contested between parties in foreign Court-say US Court, and after due adjudication and trial, divorce is granted by the foreign Court, same will be valid and binding in India. However, it is necessary to be kept in mind that ground which parties seek to obtain divorce should also be available in India.
In case matter is uncontested, one party comes back to India where marriage had taken place and contest proceedings in India, divorce as granted by foreign Court will not be applicable in India. Party which comes back also has an option of filing a case in India to prevent the other spouse from proceeding in foreign Court. Indian Court has jurisdiction over its citizen. Ex-parte decree of Divorce granted by foreign Court will not be recognized by Indian Court.
Other issues like child custody and maintenance goes by the same principal. In Child Custody cases, special care and circumstances are always taken care of and the principal as explained above may vary. However, universal principal remains constant in guiding the issue of the child custody by any Court in India or foreign Court is the welfare of the child. Welfare of the child depends upon variety of factor.
Divorce Petition Drafting
Half of the battle is won on the basis of the sound drafting of the Divorce Petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case.
Divorce is a complex issue and hard core emotions are involved. Divorce is not a dispute for profit but personal battles fought in the Court. Effective drafting involves lot of care and conscious efforts need to be put in balancing the legal and personal interest of clients.
Our experience leads to one conclusion that each case is different and so are the issues involved in the divorce case. While drafting divorce Petition, it is all very important to have all issues arising out of real facts so that it should give one never ending and clinching feeling that the divorce pleading is based on true facts and is not a divorce petition template or one general standard form of Divorce Petition.
We are conscious of the laws regarding divorce and constant and perennial development related to divorce laws in India and thus drafting conforms to the legal requirements of the case.
You can rely on our experience in getting divorce Petition drafted which echoes your true emotions!!!!
Simple and straight explanation about divorce, maintaince, child custody....Divorce in India is certainly not an easy procedure. Though several laws have been passed with the progress of time, the divorce procedure in India is still complex and you will have to contest the divorce for several months.
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