Best Divorce Lawyer In Delhi | Rajkumar Salanki

#1 Divorce Lawyer In Delhi

best divorce lawyer in delhi

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About Us

Mr. Rajkumar Solanki has been practicing in the Dwarka Court Sector of Delhi for the past 10 years. 
He specializes in divorce and Family Law. He provides services in fair and transparent manner with result oriented approach.
He adjudicates upon cheque bounce and criminal  matters and has an excellent record. He is a well-versed and dedicated lawyer.
He is very supportive and friendly to their client both professionally and ethically.
He is consistent and precise in identifying strength and weakness of the matter.
Advocate Rajkumar Solanki enrolled in the bar in the year 2012 and his enrollment number is D/1292/2012. So If you are looking For Best Divorce Advocate in Saket Court , Tis Hazari Court and anywhere in Delhi. Advocate Rajkumar Solanki is one of the Best Divorce Advocate in Delhi who solve all Divorce cases.

Chamber No.759 Lawyers Wing District Court, Dwarka New Delhi


M: 91-9810410307, 9318402198

Divorce Lawyer in Delhi has a panel of expert family & divorce lawyers who have years of specialisation in divorce and family law. We work primarily on substantial and complex divorce cases.  We are an experienced divorce lawyer’s team of bilingual and culturally smooth lawyers, each with our own exclusive qualities and areas of expertise. We offer a dynamic and talented group of lawyers to meet your needs.

Divorce Lawyers in DELHI – Consult the best family court attorneys, law firms and lady advocates for divorce cases, other matrimonial disputes in DELHI.

Our family lawyers provide pre and post legal help for divorce in DELHI, Karnataka. Our divorce lawyers are experts in the field of matrimonial issues, child custody, adoption and maintenance law. We provide compassionate divorce law services for all religions. Our other services are: Restitution of conjugal rights, Judicial Separation, Annulment & Divorce, Child Custody.

Specialist Divorce Law Firm in Delhi

We are one of the specialist Divorce Law firm based in DELHI with network of expert senior divorce lawyers. We provide legal advice, help and family counseling for both men and women. Our expertise is in Family law matters such as mutual / contested divorce, marriage annulment, custody of the child, adoption, maintenance for wife and children, maintenance in pending divorce case, alimony, transfer of divorce petition, Section-498a – IPC – dowry case, foreign divorce decree, judicial separation, appeals against divorce decrees & orders, anti-suit injunction in foreign divorce proceeding, and work on any divorce matters.

Divorce and Digital Evidence Discovery

Our divorce lawyers are experts in Cyber law and digital technology to tackle issues normally occurs in divorce cases such as email hacking, impersonation, identity theft, and so on. Strong expertise in various family enactments such as Special marriage Act,1954, Succession Act,1925, Hindu marriage Act, 1955, Dowry prohibition Act,1961 and The Indian Divorce Act,1869.

Online Divorce Legal Counseling

Online Divorce resources for getting your online divorce kit done fast. Simply browse our categories and read the incredible resources we have online to get the information you need to start the process.

Best NRI Divorce Lawyer in Delhi

How Can You Choose the Right Divorce Lawyer for Yourself?

You need to make the best decision for yourself in such a tough time. You need a lawyer who will guide you in the right direction. Legal advice is subjective and you need rational outcomes. That can only happen when you trust the process and the person guiding you. It is important that you are open about the issues from the beginning for the case to go smoothly. One of the most important factors in choosing the right divorce lawyer for yourself in Delhi would be their experience. 

What are Some Things You Need to Look Out For in a Divorce Lawyer?

While experience is definitely important, you also have to see how they are approaching your case. You need someone who is supportive and ethical in all professional standards. It is definitely tough to manoeuvre from one lawyer to the other. So, you have to narrow down your choices. Hence, you will have to see their working style and the possible outcomes they want in your case. Many cases depend on how well they are presented. So, it needs to be a collaborative effort between you and your lawyer.   

What are Some Legal Aspects Your Divorce Lawyer Can Help You in? 

A divorce lawyer is not just useful to you in the court itself. They are with you in every step of the process. There are many papers that need to be filled along with the actual divorce papers. There may not be too much clarity on the division of property or child custody. Fighting for child custody and even mutual divorce can be tricky because many factors are taken into consideration when the court actually decides on a judgement. You need people like Advocate Rajkumar Solanki because of the intricate details you will have to take care of. 

Do You Actually Need a Divorce Lawyer?

There is a lot of paperwork and details that you will need to take care of when you file for any case in court. You will also need to be guided on all family laws that are in place. There are many sections to a law. It is just not possible for you to know about it all. More importantly, they will direct you in the right direction in such a difficult time in your life. They will work with you to get the most favourable outcomes possible. And you will not have too much on your shoulders.    

What is the Right Time for You to Approach a Divorce Lawyer? 

As soon as you think you need to make official amendments to any relation, it is the right time to go to your lawyer. It may be a property dispute or child custody. There are many areas where you may want to get clarity. Even if the divorce is not on mutual grounds, you need the proper papers in place.

An online collection of various legal aspects like NRI Divorce India under Indian law. We most excellent lawful service in NRI Divorce related matter to you. We have a player’s of experts who dedicate their time.

Divorce FAQ

Need Divorce help? Get advice on Divorce, Family Law, Child Custody and more. Having a problem in getting Divorce? Ask our compassionate Divorce Lawyers . Our legal teams devote their time, energy and promise in order to serve the needs of the client. Tags: best divorce lawyers DELHI, divorce procedure DELHI, family lawyers DELHI, lady divorce lawyers DELHI, top divorce lawyers DELHI

Areas of family law our family lawyers specialise in, include:

  • Divorce/separation
  • Financial settlements
  • Legal separation
  • Child contact
  • Maintenance and child support/parental responsibility
  • Domestic violence and protective orders
  • Annulment of marriage
  • Property disputes
  • Pension splitting
  • Dowry
  • Mediation
  • Cruelty against Husbands

We are one of the best known specialist divorce law firms in DELHI. We deal with divorces, whether simple ones or high value, complex ones – and international divorces involving Indian nationals  resident abroad (“expats”) where one partner lives in India.

Appointments can usually be arranged quickly by telephone or by completing our online request form. Initial telephone consultations can be arranged where it is not possible or convenient to come to our office for a meeting, for example if you live abroad.

We understand that divorce and separation are sensitive issues We try to handle them in a sympathetic, civilised and positive manner and by advising clearly while at the same time acting firmly and decisively to resolve them, if possible by agreement but, if that is not possible, by obtaining the appropriate remedy through the courts.

Filing for a divorce can be a long-drawn process, especially if you do not know the legal procedures. You will need to find some of the best divorce lawyers in Delhi to help you. Filing for divorce online is increasingly becoming the norm. Not just because it is a much more convenient option but because it is a much more economical option for many people. Like you would for any other legal procedure, you need to take care of a couple of aspects. This is where you will need a lawyer to help you out with the exact details and the procedures you need to follow. This article is a simple guide for you to get an idea about the steps in the procedure that you may have to take. However, it is ideal that you consult with a lawyer before going ahead with any legal proceedings.

In the cases of mutual divorces online, there are a few ways to go about it. While you have the option of going ahead and filing for divorce online, or you can defend your case on your own and follow it through. You can divorce lawyers in Delhi online as well, and this will save you a lot of time and hassle of going to the court again and again. This option has been devised, keeping these factors in mind itself.

Even though these may seem like fairly obvious points, you need to specify all these in a written document. If not, there will be ample space and options for a lot of information to be filled out in the official plea you file. The best-case scenario would be that you get to consult a divorce lawyer even before you start this online process. It is also possible to file for an online divorce through their lawyers. To ensure that there are no mistakes.

What Details Do You Need to Take Care of While Filing for an Online Divorce in India?

You need to have all these details in place and be completely transparent. You are filing for a divorce online, but all the authentication and documents that will be uploaded will also be verified at later stages. This is why you need to consult with a lawyer to ensure that no mistakes are made in the filing process. Here is a list of things you need to keep in mind to ensure that the divorce filing takes place smoothly.

  • This will only be the filing to finalize the divorce on paper. It needs to be understood and decided beforehand that the divorce is being filed on mutual grounds.
  • All decisions on child custody, property, and assets need to be decided and agreed on beforehand. Since it is a mutual divorce filing, it is assumed that it is an amicable separation, so you will not need to fight for custody or property division. All the provisions for property, child custody, and assets will be added in the filing as well. This is where you will need legal documents from your lawyer.
  • Many details need to be filled out about you and your partner. These are already mentioned in the forms, and you will have to go as the form dictates.

What are the Stages Involved in Filing for an Online Divorce in India?

  1. Both the parties need to be present at the time of filing. This is the only way for the court to ensure that both the parties are equally consenting and that there is no objection from either side.
  2. Once you have filled it out, you have to send it over to your lawyer to ensure no mistakes or missing links in the papers.
  3. A printout of the petition needs to be filled out to a local family court to start the divorce proceedings officially.
  4. After the court examines the petition, both parties will be called to the court to record the statement of oath.
  5. Generally, a period of six months is granted as a period of reconciliation to both parties. If there is no reconciliation at the end of these six months, you will be given a date for the final hearing.

You will still need to appear in court at some point but not as much as in a contested divorce case. This process is much preferred and faster when both parties are sure of what they want. You will not have to get into any hassles and waste time going back and forth to court. You will need to take the help of a lawyer because all the statements and documents will be verified and need to be filed properly. If you are not familiar with legal processes, it will be difficult for you to do this independently. This process has been introduced to remove extra load from the courts.

Getting a mutual divorce online in India is one of the fastest ways for you to get a divorce mutually without too many hassles. This is why the online process has increasingly gained so much popularity. This article will help you take the first step towards filing the divorce papers, among other procedures. Some essential requirements need to be fulfilled before filing for divorce officially. The various Acts have set these requirements that the Constitution prescribes. For example:

  • The husband and wife have to be living separately for at least a year before filing for an official divorce. It needs to be two years if both the parties are Christians. 
  • There needs to be a mutual understanding between the two parties regarding the separation. This implies no contestation regarding any assets or even child custody. 

The process to file for a mutual divorce can be online as well. While you can file it yourself, you have to be extremely careful about the details and specifications because it is a legal document that you are applying for at the end of the day. 

  1. You will need a lawyer to guide you throughout the proceedings because the petition will be filed before a Family Court. The place of marriage taken into consideration to decide where the petition will be filed. 
  2. The petition will be filed on the online portal through the filing account of the advocate. 
  3. After filing the first motion, both the parties asked to present themselves at the Family Court at the appointed time and date for the hearing. This is where all the formal complaints and queries will be readout. Both parties are in their right to make a statement. They then have to be accepted by both parties. This is where you will need the help of your advocate because it is not possible for you to know every detail about all the legal proceedings. This is where you will be given the orders for a period of reconciliation for the next six months.
  4. If there is no change of plans in the next six months, you have to file for the second motion at the end of the six months since the First Motion has been filed. All the documents have to be filed again with the original statement from the First Motion. All this needs to be done 18 months before filing the First Motion. 
  5. The mutual divorce petition is then filed in the same manner and is filed again in the Family Court. After the proceedings are done, all the formalities will be clearly stated to both parties. 

While all the paperwork can be submitted online, you will still have to be present at court at the given time and date. This is important to follow because the presence of both parties is vital. The petition will be then accepted, and the orders are finally passed on the online mutual divorce, and the issue is dissolved.

How to Find the Best Divorce Lawyer in Saket Court?

Getting a divorce in Delhi and following through with all legal procedures is extremely emotionally and physically draining. It isn’t easy to understand all the legal procedures and what you have to do next. This is why you need the right set of minds with you to help you navigate the seemingly endless legal procedures. Yes, many documents and petitions need to be filed. Since these are legal documents and manoeuvring your way through them is difficult. This is why you need someone who knows the legal procedures and requirements inside out. You must get the best divorce lawyer in Saket Court for these reasons alone. You need an open-minded person who will understand the details and problems you may be going through. This is why it is also important to appoint a lawyer with experience. With more experience, more divorce lawyers know how to solve the problem efficiently for you. 

There are many legal aspects and laws that you may not know yourself, and the expertise of a divorce lawyer will help you get a clear case from that. Since marriage laws come under personal law, there are different specifications for different communities in India, and this is why different directions can incriminate you and protect you. The period of reconciliation differs significantly for other communities in India as well.    

What Kinds of Divorce Can You File for?

There are many different divorce petitions that you can file for in the District Family Court. Any petition you file for will require you to get the necessary documents and evidence supporting the petition. It is better to know all your options before you go in actually to file the divorce. These are some of the most common divorce petitions that are usually filed:

  1. Mutual Divorce: 
  • It would help if you were married for at least a year.
  • There needs to be proof that both the parties have been living separately for a year at least. 
  • There is no contestation on the child’s custody (if any). 
  • There is no confusion about the division of property and any other assets. 
  1. Contested Divorce: The exact nature of a contested law may differ based on the parties’ religion. You can file for divorce on contested grounds for the following reasons:
  • Adultery
  • Mental instability
  • Domestic violence
  • Cruelty
  • Abandonment
  • Missing for over 7 years

These are just some examples of the reasons for a contested divorce and even the type of divorces you can file for. It is best to consult with your divorce lawyer, who will explain every detail of the procedure to you. This may be a time-consuming process, and you want to ensure you have the best guidance. 

Getting a divorce is a very difficult and emotional process for anyone involved. If the divorce is contested, there are many emotional and difficult decisions that you will have to take. It is not easy to go ahead with something like this, especially if you have a divorce lawyer you do not trust completely. There are some key factors you have to look into before deciding on the best divorce lawyer in Tis Hazari Court

  • Experience: This may seem like an obvious factor to take into account but you need to see if the lawyer has taken on such a case before there are so many kinds of divorce petitions today. 
  • Negotiation: You need a lawyer who is able to maintain their calm and negotiate the terms and agreements of the divorce petition with the other party. When it comes to matters of division of assets and property, it is natural that things may get a bit heated and even emotional. Your legal counsellor cannot lose their composure under these high-pressure situations. 
  • Assertive: Both the parties are going through emotional turmoil and your divorce lawyer knows that. Their role is also to be assertive with you sometimes to give you a clear picture of the situation. They cannot shy away from delivering bad news as well. 
  • Client-oriented: Again, this may seem like an obvious one but dragging a divorce to court is extremely time-taking and even expensive. They should be able to provide you with solutions that are in your best interest only.

What Questions Should You Ask Your Divorce Lawyer? 

Now that you have decided to proceed forward with a divorce petition, you need to have a clear plan and ask a lot of questions about it. That is the only way to get the right information is by asking your divorce lawyer questions directly. On the other hand, you need to be completely open and honest with your lawyer as well. You have to ask them questions about the direction in which the case will be heading into. More importantly, you have to ask them for the immediate next step that you should be taking. It will most probably involve getting all the documents in order to start working on the paperwork to file the petition. There will be changes and you will be a part of the filing process as well. They will explain everything aspect of the petition to you before you are to sign anything. 

You may also want to look at all the possible options for filing the divorce petition as well. There are multiple ways you can explore for the same. While this does depend on the nature of your case and the laws pertaining to that community, it is still important that you have all the information with you. For example, going through an online mutual divorce may cost you a lot less money and time instead of a contested divorce that is dragged out in court. 

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Frequently Asked Questions by Delhi's Best Divorce Lawyer

How much time does a mutual divorce take in India?

Firstly, you need to understand her reasons for not agreeing to a mutual divorce. It may be due to emotional reasons. Or is it due to monetary reasons? Besides, you can make her realize how this decision can benefit her. Otherwise, if you want to live separately, a divorce petition is the only way. So, you can file a divorce petition against her if you have a base. Also, you will have to pay maintenance as per the court’s decision. For better assistance, contact Adv. Rajkumar Solanki and get the best way out for such issues.

So, it is better to go to a legal expert rather than waste your precious time. Since they can determine the real cause of the issue, if your wife is not ready to dissolve the marriage, you can opt for RCR. So, by filing the file for restitution of conjugal rights, you can ask your wife to live back with you. And, if she disagrees, then you can go for mutual divorce. With the help of legal experts, you can prove your grounds and get the order in your favor. Thus, an expert lawyer can help both parties to agree to a mutual divorce quickly.

Can the wife claim maintenance after mutual divorce?

There are certain conditions where the wife may or may not claim maintenance after mutual divorce. Like, the wife need not be living separately by mutual consent. And she should not be living in adultery. Also, if she has quit her right to maintenance, she cannot demand it later. Besides, in case of mutual divorce, the wife can claim maintenance as long as she remains unmarried. Or she is incapable of maintaining herself. To better understand your rights, contact Adv. Rajkumar Solanki.

Further, in case of mutual divorce, both parties can decide on the alimony or maintenance through their consent. And the amount is determined based on various factors. Such as the responders’ income, their property, etc. In India, a working woman can ask for alimony as well. So, the court considered whether she could support her lifestyle. Also, if she has other sensible demands or dependants, the court may grant her maintenance. Thus, contact the top Delhi lawyer today to better understand your rights in the mutual divorce process.

Is a lawyer necessary for a mutual divorce?

Yes, it is essential to hire a lawyer for mutual divorce. Also, there are many ups and downs in the case. And in many cases, the settlement is not fair among both parties. Thus, hiring a reliable lawyer who can defend your case and inform you about your rights is vital. Plus, they can help you file related cases like maintenance, child custody, etc. Hence, get in touch with Adv. Rajkumar Solanki, as he can effectively deal with such matters efficiently. And guide you about all your rights and intricacies of the case very well.

Divorce is not an easy option. Also, it may require many tough decisions for you to make. Hence, it is more likely that you may complicate the situation. Or it can even go out of control. The process of divorce requires taking many varied decisions and steps. Thus, an expert lawyer is vital for better legal advice. And to help you sort the financial and related matters in mutual consent divorce.

How do I pay in mutual divorce?

After signing an MOU in mutual consent divorce, you can pay through demand draft (DD) or post-dated cheque. And, you must mention the payment mode details in the MOU. You can hand it over on the final day when the court passes its decision. Also, make sure to get the stamp paper duly signed by the party receiving it. For further details and help, feel free to contact Adv. Rajkumar Solanki.

Mutual divorce requires two appearances before the court. Firstly, you will have to record your statement that you agree to the mutual divorce. Then, the court will pass an order providing six months to fix your issues. In case you are not able to resolve your issues within this time. Then, you will appear in court after six months, and the court will grant you a divorce. Also, in some cases, it may take 1-2 months, depending on the situation. So, it’s always better to seek a lawyer’s advice. Hence, contact Adv. Rajkumar Solanki to get effective mutual divorce solutions.

Besides, it is possible to reduce the six months. We call this period the waiver of time or cooling period. So, you will need to apply to waive off the period. And the family court has the option to reduce these six months to as few as 15 days or a month. Also, it may depend on the case type and severity of your case. There can be various factors that may affect your case and take time. Thus, it is better to contact a mutual divorce lawyer in Delhi to ensure a hassle-free process.

However, it is better to divide the amount into two or three installments. So, you can pay the first half after the first motion. And the other halves after the second motion. You can pay the remaining part after the final decision of dissolution of your marriage. But, it is essential to get signed consent from the other party. If the wife withdraws her consent, you can ask her to return the money. Well, the entire process can be very tiring. Hence, reach Adv. Rajkumar Solanki to understand every tiny detail. He is the best and most reputed mutual consent divorce lawyer in Delhi.

How many motions are there in mutual divorce?

There are two motions in mutual divorce. Under the first motion, you will have to file the petition in court. Here, both the parties, i.e., husband and wife, give mutual consent for dissolving the marriage. And, under the second motion, both husband and wife confirm their intent to divorce after the cooling-off period. For the second motion, you will appear in court after six months. After this period and hearing with both parties, the court announces the final mutual divorce decree.

Besides, it is better to discuss the future course and child custody in case of mutual divorce. Then you can move ahead with the first motion and record your statement. Also, both parties should be present during both motions as it can be contempt of court. If you cannot appear in court, you can appear through power of attorney. And it should be the family member of the spouse. It is wise to seek a lawyer to ease the mutual consent divorce process.

Is alimony required in mutual divorce?

Alimony in mutual divorce entirely depends on the joint agreement. Also, it relies on the decision of the honorable court. When we consider the case of maintenance, the aim is to seek settlement and come to a mutual consensus. Typically, the wife may get 20%-35% of the husband’s taxable earnings. Also, if the woman is working, she can still file for alimony. But, only if the court realizes that her income is not enough to support her living standard and her demands must be fair. However, if the wife doesn’t want alimony and is ready to waive her rights, you can put it in your petition.

Claiming alimony is one of the fundamental rights that come under divorce laws. But, when any couple files for a mutual consent divorce, this decision depends on their agreement. Also, it is possible that the court may not grant any alimony at all. It depends on the condition and facts of the specific case. And the amount of permanent alimony is entirely the court’s decision based on a few factors. Such as the status and income of the husband, his assets, genuine needs, and earnings of the wife. Hence, the court looks at many facts and proofs to decide whether the alimony is essential.

What are the documents required for mutual divorce in India?

Here is the list of some standard documents needed for filing a mutual divorce in India:

➣ Marriage certificate

➣ Address proof of the parties

➣ Photographs of their marriage

➣ Details of family, property, and assets

➣ Information about their profession and income (Like, salary slip, etc.)

➣ Proof of staying separately at least for a year

Besides, it is wise to seek an expert lawyer to avoid missing any detail or papers necessary. Also, the right advice and facts are crucial for filing the petition. So, they can help you prepare it all and escape from last-minute hassles. And, Adv. Rajkumar Solanki is a trusted lawyer helping you right from issuing summon to the final court decree. Also, he demands fair mutual divorce fees in Delhi. Hence, hire the best divorce lawyer in Delhi to get helpful divorce solutions.

How can I agree with my wife for mutual divorce?

Firstly, you need to understand her reasons for not agreeing to a mutual divorce. It may be due to emotional reasons. Or is it due to monetary reasons? Besides, you can make her realize how this decision can benefit her. Otherwise, if you want to live separately, a divorce petition is the only way. So, you can file a divorce petition against her if you have a base. Also, you will have to pay maintenance as per the court’s decision. For better assistance, contact Adv. Rajkumar Solanki and get the best way out for such issues.

So, it is better to go to a legal expert rather than waste your precious time. Since they can determine the real cause of the issue, if your wife is not ready to dissolve the marriage, you can opt for RCR. So, by filing the file for restitution of conjugal rights, you can ask your wife to live back with you. And, if she disagrees, then you can go for mutual divorce. With the help of legal experts, you can prove your grounds and get the order in your favor. Thus, an expert lawyer can help both parties to agree to a mutual divorce quickly.

How does mutual divorce work in India?

In the past, people used to criticize the concept of divorce a lot. But, now the times are changing in India. You don’t need to stay in an unhappy marriage for the sake of society. And you can file for mutual divorce with the consent of your partner. Also, you can easily hire expert divorce lawyers for such cases. They can guide you all through the process and tiny details. So, right from filing the petition to first-second motions and divorce decree, they take care of it. Hence, mutual divorce can work well for you if you abide by all the laws and rules of the court.

Besides, it has become easy to file a mutual divorce in today’s modern and digital age. So, the online mutual divorce process is the fastest way to dissolve your marriage. You need to visit our site and fill out the divorce form. And share your documents and make the first payment. After every motion, you will make the payment. Also, you can quickly pay online through secure payment gateways. Adv. Rajkumar Solanki is a world-class mutual divorce lawyer. And he can help you all through your divorce process. He makes it quick and effortless for you.

Is it necessary to live separately for mutual divorce?

You must have a valid reason to end your marriage. So, you can finish it under the judicial separation section10. Or under divorce section 13 and section 13B. Also, as per section 13B, both partners must live separately for at least a year. Besides, ‘living separately’ does not mean living in different places. You may be living under a roof but not as spouses. Hence, you can file for mutual consent divorce when you qualify based on these valid grounds. To better understand these fine points, get in touch with Adv. Rajkumar Solanki is one of the best divorce lawyers in Delhi.

Both parties mustn’t wish to carry out the marriage obligation. Also, the parties must not be living as spouses at least for a year. It is crucial because the court won’t go any step further without this. So, any couple cannot file for mutual divorce if they are apart for less than one year. But, you can get six months cooling-off period. So, if you wish to file for divorce before this one year, you can opt for a contested divorce. For example, in some dire cases like torture or other trauma, you can get a divorce within one year. You may have to prove grounds like cruelty, adultery, or unsound mind for such cases. So, you must have a genuine reason.

If one spouse is not ready to appear for second motion of mutual Divorce? What are the remedies available for the second person?

It is possible that your spouse is not ready to appear in the second motion of mutual Divorce. When mutual Divorce is a concern, any party can withdraw their consent. You cannot force your spouse to take any action. However, if you and your partner had come to an agreement to separate, you can bring a contempt of court action against the wife. And it has been recently allowed by the Delhi high court. If you have already made any payment, you can complain about cheating. Besides, you can file a Divorce petition under Section 13 of the Hindu Marriage Act, 1955.

Is registration of marriage a necessary ground for the filing of Divorce?

According to Divorce law, marriage registration is necessary for filing for Divorce. But don’t worry, if you don’t have the registration paper, you can still apply for Divorce in family court. So if you had a marriage based on religious belief and didn’t have the registration paper, you could still apply for Divorce.

Can parents file for Divorce on behalf of their children?

Yes, the parents can file for Divorce on behalf of the children. It is common in India that parents don’t want their children to face court. As a parent, you may choose to file for a Divorce if your daughter is also exhibiting abusive behaviour or any other issues. Simply contact a Divorce lawyer to help you put. They will provide you with the right direction.

Is legal notice required before taking Divorce?

Basically, a legal notice is sent on behalf of a client by the advocate. Besides, there is no specification in law that a party must send legal notice before filing a Divorce. So, It is optional to send a legal notice. You can ask your lawyer to help you and show you the right path.

Is the dissolution of marriage different from Divorce?

Divorce and dissolution of marriage are not the same things. Dissolution is defined as the Act of bringing an end or termination to a legal relationship between two parties. Divorce is a legal process that separates the spouses of a married couple from one another. During the dissolution process, several issues are mutually agreed upon by the parties, including child custody, alimony, property issues, and so forth. In contrast, the court will deal with these issues in the case of Divorce.

Can a couple get legal separations instead of Divorce?

There are many factors to consider when deciding whether to end a marriage. A legal separation is when a court order specifies a couple’s duties while they are still living apart despite being legally separated. It is important to note that although the couple lives apart, they are still married. On the other hand, a couple who is divorcing ends their marriage.

What is the difference between marriage annulment and Divorce?

The Act of declaring a marriage null and void and declaring the law had never recognized the marriage as a legal union is called annulment. On the other hand, Divorce is a procedure that terminates a marriage.

Can NRI’s file a Divorce case in India?

Yes, NRI can file a Divorce case in India to separate from each other. Both partners will be required to appear with their respective lawyers in the family court during the court proceedings. However, if the couple is living abroad or if one of the spouses is living abroad, they can take the assistance of an attorney.

Currently undergoing Divorce in the USA, can a person file for Divorce in India simultaneously?

It is necessary that you meet the residency requirements of the USA before you can file for Divorce. When you get Divorced in the USA, it is accepted in India. Therefore, you do not need to file for a new Divorce in India. If you live in the USA without a resident permit, you can file a case to get separated in India.

Can a couple apply Divorce anywhere in India?

It is necessary for a husband to file for Divorce in the location where his wife lives if he wishes to Divorce her. The wife can now file a Divorce petition in any of the following jurisdictions after the amendment to the Act in 2002. It is possible for the couple to file the petition for mutual consent from anywhere in India.

According to Indian Law, can a man remarry if his wife is not ready to give him a Divorce and they are not living together from the beginning of their marriage?

No, it is illegal. It does not matter whether you are living with your wife. As per Section 494 of the Indian Penal Code, if a person marries a second time while their spouse is still alive, they will be considered guilty. The wife can file a complaint under the husband for justice. Contact with a reliable lawyer who can help you to smooth the procedure.

What is the difference between contested and uncontested Divorce?

The contested and uncontested Divorce are two different cases. Contested Divorces often involve disagreements between the parties regarding the terms and conditions of the Divorce, custody of the children, or even whether they want a Divorce. The Divorce process is uncontested when spouses agree to the Divorce terms and dissolve their marriage. To obtain rights in an uncontested Divorce, the spouse may file a complaint against the partner.

Can you transfer a Divorce case to another state?

Yes, you can transfer a Divorce case to another state. But to do that, you have to fill a petition Under Section 25 of CPC (if the case involves civil law, Divorce, or child custody). But if there is involved any criminal activity like domestic violence, then you have to file a transfer petition under section 406 Cr. P.C. Consult with a reliable Divorce lawyer who will help you to transfer your case in the right way. With years of experience in the field, we can ease the process.

Can fraud before marriage become a ground for Divorce? If yes, what kind of fraud are you accountable for?

Under the Matrimonial law, you can ask for the annulment of marriage. There is no point in carrying a marriage where fraudulent activity is involved. If the responding spouse was already married, you could ask for an annulment of marriage. Besides, there are different types of fraudulent acts that can take place.

Can one spouse move out with the child without getting a Divorce?

It is extremely important that you keep in mind that both parents (whether they are married or not) have parental rights over their children, regardless of whether a court order has been issued or not. So no one has the right to move out with a child without a settlement.

Can a judge dismiss a Divorce case?

Yes, a judge can dismiss a Divorce case. Dismissal hearings are scheduled court hearings that are scheduled to determine whether dismissal is the best course of action in a Divorce case. Dismissal of the case means that no judgment of Divorce will be entered, and the two parties will remain married. Sometimes, the judge gives more time to the couple for mutual settlement.

Can a Divorce be one-sided?

Yes, anyone can send the notice of Divorce. There are two main types of Divorce: Divorce by notice and Divorce by consent. The consent of the receiver of the Divorce notice is not required to give Divorce or talaq by notice. Depending on the circumstances, either party may not have the consent of the other party to give Divorce in this case. But if any party disagrees with the other party’s decision, he or she can go to court.

How can a wife get a Divorce if her husband cannot be found?

If you have not met or seen your spouse for more than seven years, the person is presumed dead. If the spouse wants to remarriage, he or she can file for a Divorce. After getting the court confirmation, he or she can marry.

Is it possible for a couple to divorce in India through mutual understanding and without having to go to court and file a case?

No. But it is possible to dissolve your marriage by mutual consent without finding yourself in the stressful situation of a contested Divorce. An agreement of mutual consent means that both parties consent to end their relationship without a court hearing. Under the Special Marriage Act, a couple can mutually separate from each other. In mutual understanding, the couple decides to agree on child custody and asset division.

Is triple talaq the only way for a Muslim man in India to take a Divorce in India?

No, triple talaq is not considered a way to Divorce the spouse. A Muslim couple who wishes to Divorce must notify their spouse of their intention. If either or both of the spouses want to get Divorced, they can do so either of their own free will or by mutual consent.

Both a man and a woman can get a Divorce by will under the Islamic Marriage Dissolution Act (1939). The law also provides different other rights to a man and a woman in getting a Divorce. Our expert lawyer can help you to get in-depth knowledge.

How is Divorced settlement calculated in India?

There different types of agreements took place regarding Divorce settlement calculation. The law stipulates that alimony has to pay 25% of the husband’s normal monthly salary to the wife as a gift.

If it is paid in the form of a lump-sum sum payment, it ranges between one-fifth and one-third of the total income of the husband at the time the marriage was ended.

How did the jointly owned house divide during the Divorce process in India?

After getting the Divorce, you can choose your way of living. If the property is registered in the joint name, then both become the property’s equal owner (or according to the registration). Where both parties are co-borrower, the court will distribute the property depending on the contribution.

Can a Muslim woman file petition for contested Divorce in India?

Yes, a Muslim woman can file a petition for contested Divorce. According to the Dissolution of Muslim Marriages Act of 1939, a married woman can file a petition for Divorce. An individual can file a Divorce petition in the Family Court when one of the parties refuses to consent to a Divorce. Divorces of this kind are referred to as contested Divorces.

Is Impotence a ground for annulment?

Yes, impotence can be a ground for annulment. An annulment means the court will declare the marriage null or invalid.

When a person is incapable of consummating a marriage due to physical or incurable incapacity, they are said to be impotent. An annulment of marriage may be required if permanent and incurable Impotence renders the completion of natural sexual intercourse between the parties practically impossible.

In India, can a couple remarry after Divorce?

Yes, in India, a couple can remarry after the Divorce. After the decree of Divorce, the court gives 90 days to appeal for both parties. The couple cannot marry within 90 days, according to the law. If neither of the parties has filed an appeal during this period, then either can remarry after the given appeal period is over.

Is FIR required for Divorce?

It is not necessary to file an FIR to get a Divorce. But, it is sufficient for a spouse to file for a Divorce when even one FIR is filed against a person because of cruelty against the person.

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