Divorce Law matters
Home - Divorce Law matters
At Counsellor we understand that the family comes first. We are pleased to introduce ourselves as a consultant for family oriented problems, and we are exclusively dealing with divorce laws. We provide consultation for divorce laws, domestic violence and other family related problems. This office is comprised of advocates, socialist, counselors etc who render their services after proper analysis of the problem arising out of family disputes or marriages etc.
But where both parties mutually agree that they want to divorce, a petition may be presented 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.
In this 21st century, the marriages are breaking before they even commence. In a country like India, which has many different religions. The law governing marriages and divorces are also dependent on the religion the appellant is following. People who are Hindus are governed by the Hindu Marriage Act 1955; couples who are registered as Christians fall under Indian Divorce Act-1869 & The Indian Christian Marriage Act, 1872. The Muslim community follows Personnel laws of Divorce, Dissolution of Marriage Act, 1939 and Muslim Women (Protection of Rights on Divorce) Act, 1986. The distinct Parsi community follows The Parsi Marriage and Divorce Act 1936.Above all of these, there exists a secular law which is known as Special Marriage Act, 1954.
With so many laws and religion, it becomes very difficult for a person to understand these stringent regulations. Our team of Divorce Advocates has hands-on experience in the same and armed with knowledge to take up any case. Be it a case of mutual consent or of contested divorce, we can help you in both the scenarios. In cases where the marriages are turned annul or void, we provide apt solutions.
Not only do we provide support in the simple divorce cases. But we also extend our offerings on grounds like alimony and child custody. Also, we help our international applicants in finding solutions to legal marriage related matters.
Legal process for divorce:
- Consultation with a Lawyer.
- Pre-Suit Legal Notice is not mandatory before filing a case.
- Filing of Divorce papers. [ No Single Standard Form for all types of Divorce ]
- Place of filing divorce petition can be
- The place of marriage.
- where the respondent resides or works.
- Where the parties to the marriage last resided together.
- If wife is the petitioner, where she reside
- If the respondent is residing out of india [NRI] or has not been heard of for a period of 7 years, the place where the petitioner resides.
5.Proof of marriage:
Registration of hindu marriages with the govt. is not mandatory up to 22/10/2007. For proof of hindu marriages before that date, any evidance showing that the parties lived together as husband and wife will be enough.
- Counselling by Court. [ Mandatory ]
- Divorce By Mutual Consent by both the parties is available under Hindu law and for Christians.
- Time for getting divorce by mutual consent is less than 3 months whereas if contested, it may take more than an year.
- If the counselling fails, after getting the failure report, the court will ask the parties to adduce evidence in the court.
- After considering the evidence and arguments, the court will pronounce final order either granting divorce or refusing it.
- Appeal against said order can be filed before the high court concerned.
- If no appeal is preferred by the aggrieved party within one month from the date of final order granting divorce, he / she can remarry.
- Re-Marriage does not disentitle a person from inheriting the property of the former spouse.






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