Divorce Lawyers in Delhi – Expert Legal Assistance for Marriage & Divorce Cases
Understanding Your Rights After Marriage in India
Legal Rights After Marriage in India
Generally, parties to a marriage have the following rights:
Cohabitation and Conjugal rights
Cohabitation and Conjugal rights which includes intercourse and companionship. If this right is not willingly granted a petition for restitution of conjugal rights may be filed. The court may declare in favour of the petitioner, but cannot force the respondent to cohabit with the petitioner. Non-compliance with the decree for one year shall form a ground for seeking divorce.
Financial Security & Maintenance
Financial security the spouse who is gainfully employed or receives an income, is required to maintain the spouse who is not so.
Rights to Matrimonial Home
Matrimonial home which grants the wife the right to reside in her husband’s residence, and under Hindu law, also to be maintained by him, or his father.
Succession Rights & Property Inheritance
Succession, according to which, a person can succeed to the property of the spouse under personal law, or under the Indian succession act.
Protection Against Cruelty & Harassment
Courtesy and decency including the right not to be harassed mentally or be subject to physical cruelty Legitimacy of issue Though the above may be enumerated as rights they have to be deduced from the reciprocal duty on the parties, the failure to fulfil which could be grounds for seeking divorce.
Divorce Laws Governing Marriage Dissolution
DISSOLUTION OF MARRIAGE- The same laws according to which the marriage was solemnized govern dissolution of marriages, and the rights consequent to the dissolution.
The Indian Divorce, Act
Special Marriage Act,
the Parsi Marriage and Divorce Act
The Hindu Marriage Act,
The Hindu Marriage provide for annulment of the marriage, since its very inception, on grounds such as the non-fulfillment of mandatory conditions.. The Indian Divorce act requires confirmation by the High Court to come into effect. The acts also prescribe that marriages may be annulled by decree if a party willfully refuses to consummate the marriage, or if the wife was pregnant by a person other than the husband at the time of marriage, or if the consent of the parties was procured by coercion or fraud. I have received queries whether this would cover situations of ‘pressure’ and ‘emotional blackmail’ from parents. It would depend on the circumstances. But I doubt the court would accept such a ground if the party was an educated, employed adult and who was otherwise socially independent. Social and religious circumstances surrounding marriage in India do give rise to situations such as these where persons consider themselves bound by parental approval or decisions. Marriages may also be dissolved if the spouse has not been heard of as living for a continuous period of 7 years. The spouse applying for dissolution would have to prove that he or she took adequate steps to seek out the other spouse. All Indian personal laws have provided for grounds for divorce. Some common grounds of divorce are
GROUND ON WHICH MARRIAGE CAN BE DISSOLVED
- Adultery
- Cruelty
- Desertion and failure to maintain
- Conversion to another religion
- Incurable mental disorder
- Incurable mental disorder which may result in abnormally aggressive or irresponsible behavior
- Virulent and incurable leprosy, or communicable venereal disease not contracted from the party filing the application
- Renunciation of worldly life
The parties may decide to seek divorce by mutual consent, having decided that they do not want to live together. In such a petition, they need not disclose their reasons for making such a decision. Muslim personal law also grants several options for the husband to seek divorce without approaching the court. The wife would be entitled to maintenance and dower and also to appeal the divorce in court.
Jurisdiction for Filing a Divorce Petition
JURISDICTION FOR FILLING OF PETITION FOR DIVORCE : An application for divorce may be filed in a court having jurisdiction.
Such a court must be:
- a court capable of entertaining matrimonial cases
- a court that has territorial jurisdiction over the place of marriage, the place where the couple last resided together, and the place where the respondent spouse currently resides. If the respondent resides abroad, then the petition can also be filed in India the place of residence of the petitioner.
- For the decree to be valid, the court must apply the law under which the marriage was solemnized. An appeal against the decree has to be filed in the court having supervisory powers over the first court.
Annulment of Marriage vs. Divorce – Know the Difference
Annulment Of Marriage under Hindu Marriage Act.
In strict Legal terminology, annulment refers only to making a voidable marriage null; if the marriage is void ab initio, then it is automatically null, although a legal declaration of nullity is required to establish this.
Annulment is a legal procedure for declaring a marriage null and void. With the exception of bigamy and not meeting the minimum age requirement for marriage, it is rarely granted. A marriage can be declared null and void if certain legal requirements were not met at the time of the marriage. If these legal requirements were not met then the marriage is considered to have never existed in the eyes of the law. This process is called annulment. It is very different from divorce in that while a divorce dissolves a marriage that has existed, a marriage that is annulled never existed at all. Thus unlike divorce, it is retroactive: an annulled marriage is considered never to have existed. Grounds For Annulment.
Grounds for Annulment of Marriage
The grounds for a marriage annulment may vary according to the different legal jurisdictions, but are generally limited to fraud, bigamy, blood relationship and mental incompetence including the following:
- Either spouse was already married to someone else at the time of the marriage in question;
- Either spouse was too young to be married, or too young without required court or parental consent. (In some cases, such a marriage is still valid if it continues well beyond the younger spouse’s reaching marriageable age);
- Either spouse was under the influence of drugs or alcohol at the time of the marriage;
- Either spouse was mentally incompetent at the time of the marriage;
- If the consent to the marriage was based on fraud or force;
- Either spouse was physically incapable to be married (typically, chronically unable to have sexual intercourse) at the time of the marriage;
- The marriage is prohibited by law due to the relationship between the parties. This is the “prohibited degree of consanguinity”, or blood relationship between the parties. The most common legal relationship is 2nd cousins; the legality of such relationship between 1st cousins varies around the world.
- Prisoners sentenced to a term of life imprisonment may not marry.
- Concealment (e.g. one of the parties concealed a drug addiction, prior criminal record or having a sexually transmitted disease) Divorce on Mutual Consent.
Mutual Consent – Both the spouses are in agreement that divorce cannot be avoided and they both opt for a “no fault” Divorce. Section 28. Divorce by mutual consent Under Special Marriage Act.
-
- Subject to the provisions of this Act and to the rules made thereunder, a petition for divorce may be presented to the District Court by both the parties together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
- On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the District Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized under this Act and that the avertments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of the decree Section 13-B of Hindu Marriage Act,1955,
Divorce by mutual Consent.
-
-
- Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws Amendment Act, 1976 , (68 of 1976 .) on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that thy have mutually agreed that the marriage should be dissolved.
- On the motion of both the parties made not earlier than six months after the date of the presentation of the petition referred to in sub- section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.
-
How to Hire the Best Divorce Lawyer in Delhi?
Finding the right divorce lawyer in Delhi can make a significant difference in your case. Whether you are seeking legal separation, child custody, or alimony, choosing an experienced lawyer ensures proper representation in court. Below are key factors to consider before hiring a family lawyer.
Why Choose Experienced Divorce Lawyers?
- Experienced divorce lawyers in Delhi</strong> understand the complexities of Indian marriage laws.
- They provide the best legal advice for cases related to child custody, alimony, maintenance, and property division.
- Having a skilled family lawyer ensures that your rights are protected, and the legal process is smooth.
Why Choose Experienced Divorce Lawyers?
- Experienced divorce lawyers in Delhi</strong> understand the complexities of Indian marriage laws.
- They provide the best legal advice for cases related to child custody, alimony, maintenance, and property division.
- Having a skilled family lawyer ensures that your rights are protected, and the legal process is smooth.
How Can a Family Lawyer Help You?
A professional family lawyer in Delhi can assist you with:
✅ Filing a divorce petition under Hindu Marriage Act, Special Marriage Act, or Muslim Personal Law.
✅ Mutual consent divorce or contested divorce representation.
✅ Alimony and maintenance claims for financial security.
✅ Child custody and guardianship cases.
✅ Legal consultation for out-of-court settlements or mediation.
Cost of Hiring a Divorce Lawyer in Delhi
The legal fees for divorce lawyers in Delhi</strong> vary based on:
- Complexity of the case (mutual consent vs. contested divorce).
- Court filing fees and documentation charges.
- Lawyer’s experience and reputation.
- Duration of legal proceedings.
It’s advisable to consult a lawyer to get an estimate of the expected cost before proceeding with your case.
Best Law Firms for Divorce Cases in Delhi
If you are searching for the best law firm for divorce cases in Delhi, consider factors such as:
- Experience in family law and divorce cases.
- Client success stories and testimonials.
- Transparent fee structure and legal support.
- Availability for legal consultations and representation in Delhi courts.
Contact the Best Divorce Lawyers in Delhi Today!
If you need legal advice or a top divorce lawyer in Delhi, contact our expert legal team today! We provide professional guidance on all matters related to divorce, child custody, alimony, and family disputes.