At The Law Office of GS Bagga and Associates, we understand that each legal issue is unique and requires tailored strategies to meet clients’ needs effectively. With a team of experienced and reputable advocates, we’re here to provide insights into finding the best lawyer in Delhi for your legal needs.

1. Identify Your Legal Requirements

Before searching for a lawyer, take the time to define your legal needs. Different areas of law require specialized expertise. For instance:

• Criminal Cases: Look for lawyers experienced in handling offenses such as white-collar crimes, property disputes, or cases under the Indian Penal Code.
• Civil and Family Matters: For issues like property disputes, divorce, child custody, or alimony, opt for a lawyer in Delhi who specializes in family or civil law.
• Corporate and Business Law: If you need assistance with business contracts, mergers, or tax disputes, a corporate lawyer with experience in Delhi’s business landscape will be essential.
• Intellectual Property: Protecting intellectual assets such as trademarks, copyrights, and patents requires a lawyer proficient in IP law.

2. Seek a Lawyer Who Provides Unbiased and Professional Advice

When consulting with a lawyer in Delhi, look for someone who provides honest, unbiased legal guidance. An experienced lawyer should help you understand the potential outcomes of your case without making unrealistic promises. This transparency not only builds trust but also sets clear expectations.

3. Research and Look for Reputable References

One of the best ways to find a reliable lawyer is through references from people who have previously engaged in litigation. Additionally, consider looking up online reviews, visiting court websites, or using professional networks for recommendations. This research will help you find a lawyer in Delhi with a proven track record in the type of legal matter you’re facing.

4. Evaluate Communication Skills and Accessibility

A professional lawyer should be easily accessible and maintain clear, open communication. When discussing your case, observe if the lawyer actively listens to your concerns, explains complex legal jargon, and keeps you informed about each step of the process. Accessibility is crucial, as missing a crucial court date or failing to file a required document could negatively impact your case.

5. Choose a Law Firm with a Dedicated Team of Specialists

The Law Office of GS Bagga and Associates boasts a team of specialized advocates for criminal law, family law, corporate law, intellectual property, and civil disputes. A dedicated team ensures that each case is handled meticulously, with a focus on effective legal remedies, drafting persuasive pleadings, and presenting strong arguments. In our firm, our lawyers work under the guidance of seasoned professionals, ensuring thorough preparation for every case, no matter the complexity.

6. Review the Lawyer’s Experience in Appellate Forums

In many cases, appeals are inevitable, and it’s essential to have a lawyer experienced with appellate forums, such as the Supreme Court, High Courts, or specialized tribunals like the National Company Law Appellate Tribunal (NCLAT) and National Consumer Disputes Redressal Commission (NCDRC). This experience is crucial for handling complex cases, ensuring your lawyer can represent you at both trial and appellate levels.

7. Set Realistic Expectations

While hiring a lawyer in Delhi can significantly improve your legal standing, it’s vital to set realistic expectations. Legal cases are often unpredictable, and while a skilled lawyer can help build a strong case, they cannot guarantee the outcome. Approach each meeting with an open mind and trust that your lawyer will strive to achieve the best possible result within the framework of the law.

8. Regularly Monitor the Progress of Your Case

Once you’ve engaged a lawyer, regularly review your case’s progress and stay informed about any updates or changes. A reputable lawyer in Delhi will keep you informed and clarify any adjustments in the case strategy based on court developments or evidence.

Conclusion

Finding the best lawyer is about more than just credentials—it’s about locating a dedicated professional who aligns with your needs, keeps you informed, and works diligently to achieve your legal goals. At the Law Office of GS Bagga and Associates, our team is committed to offering top-tier legal services across a broad spectrum of practice areas. From criminal defense to corporate disputes, our lawyers in Delhi bring their experience, skill, and integrity to every case, ensuring our clients receive comprehensive and effective representation.

If you’re in search of a reliable, experienced lawyer in Delhi to handle your legal matter with the highest standards of professionalism, don’t hesitate to reach out to us for a consultation.

The Law office of G.S. Bagga and Associates, a leading Law Firm located in Delhi, provides experienced Lawyers in Delhi with legal assistance for a wide array of cases including divorce, civil litigation, criminal cases, family law, property disputes, arbitration, commercial contract litigation, cyber law, and corporate cases. Since our firm’s establishment, we have earned a top-notch reputation with clients.

What Makes Us Different from Other Law Firms in Delhi

Our law firm has extensive practice experience and an understanding of all complex aspects of India’s legal, social, political, and economic factors that may impact your cases. Our law firm has highly skilled lawyers, who are known for their high dedication and concentration, fighting diligently for our client’s rights throughout the duration of the case, no matter how long it takes.

Our Law firm in Delhi believes in providing personalized legal solutions. We believe in respect and justice, and we work tirelessly to ensure our clients receive the justice they deserve. Our team takes the time to thoroughly understand each client’s unique situation, by conducting in-depth interviews. This attention to detail ensures that our clients receive the legal remedy they seek.

At our law firm, all consultations are completely confidential. We understand the importance of confidentiality in legal matters and ensure that your data and information are protected. Whether you prefer to meet in person, discuss your case over the phone, or connect online, we are available to assist you. Our phones are answered 24 hours a day, seven days a week, making it easy for you to reach us whenever you need legal assistance.

Consult with Our Expert Lawyers at Our Law Firm in Delhi

If you have any questions related to litigation, feel free to contact The Law Office of G.S Bagga and Associates. Our experienced lawyers in Delhi are here to help you provide the legal guidance you need. Anyone can contact us by dialing +91-9213782334 or just contact us online.

Religions such as Hinduism, Islam, Christianity, etc. have their own statutory provisions in India that regulate marriage and divorce of the people following them. There is not a uniform religion code in India as these laws have been made with respect to the customs and religious practices followed by people for generations.

Can Hindus get divorced?

Hindus are synchronized with the divorce law in India through the Hindu marriage act. Divorce for Hindus as per the act, can be of two types. – Mutual or contested.

1. Mutual Divorce: Divorce by mutual consent, basically means a divorce not involving the courtroom, where both the husband and wife mutually decide to separate and sign a joint petition whereby stating that they have bene living separately for more than a year.

In India, divorce by mutual consent is the fastest, respectful and dignified way to get separation as in this case both the partners who believe that they cannot live together harmoniously and voluntarily agree to all terms and conditions of their joint petition to separate legally. Such a joint petition contains matters of maintenance, custody of child, division of assets, shelter of the spouse etc.

2. Contested Divorce: A contested divorce is the type of divorce where one partner applies for the divorce and is ready to separate, while the other partner does not want wish to separate. In such a case, the divorce proceedings are heard in front of a judge and matters such as property dispute, child custody, maintenance and alimony are decided not by the partners but by the judge.

A contested divorce can be filed only on certain grounds which are mentioned under the law. Such grounds are – cruelty, adultery, dissertation, conversion, mental disorder, communicable general diseases, etc.

What should I do if my spouse does not wish to divorce me?

If you do not wish to continue your marital relations with your partner and they are not ready yet to go their separate ways, then you may opt for contested divorce in consultation with your lawyer. As explained in brief above, contested divorce as the name suggests is the form of divorce in which one partner files for divorce in the court while the other contests the said petition and its contents.

What is the procedure for filing contested divorce petition in India?

• Consult a Lawyer

The most important step in pursuing a contested divorce is to consult a good lawyer. A lawyer is the one who shall be representing your interests in the court of law and in front of the judge, who shall be deciding the contents of your divorce. You must choose the lawyer who can best represent you and understand you and convey your concerns in the court, judiciously.

• Filing of petition by the husband or wife

The second most important step is of preparation and filing of petition by either of the spouse. A petition for contested divorce under your chosen ground is submitted before the court to review the contents of the divorce petition. The person filing the petition provides all the related documents, evidences and information, is attached in the petition by the chosen lawyer.

• Issuing of Summons and appearances

After filing of the petition, summons are issued by the court to the other party for appearance in the court. The summons asks the parties to appear in the court in front of the judge and also to cite any and all accusations against each other. Then on the given date, both the parties appear in front of the court and disclose their issues and contentions regarding the divorce proceedings.

• Reconciliation attempt by the Court

After an attempt at reconciliation, when the case is redirected to the court, the court acknowledges and comprehends the gravity of the case. If the court believes that the issues between the parties are a result of misunderstandings or little bit adjustment between the parties can pave way for reconciliation; then, the case is forwarded to the legal service authority where both the parties mediate their issues and resolution between them is attempted. If the case is settled through a settlement by the act of mediation, then the petition is withdrawn from the court and the case is closed; if not, then the case is redirected to the court on the recommendation of the mediator and the procedure for contested divorce is followed.

• Reply/counter reply from the respondent spouse

The respondent spouse against whom the petition for divorce has been filed, files a counter petition. Under this counter petition, the respondent spouse if is not in the favour of divorce, denies allegations made against them. The denies have to be specific and cannot be an overall denial towards those allegations. If any allegation filed by the petitioner have not been specifically denied, then in the language of the court, it shall be deemed as an accepted allegation on the part of the respondent spouse. The respondent spouse, in their counter reply can also file allegations against the petitioning spouse.

• Examination and cross-examination of witnesses and evidence.

Through a series of petitions and counter petitions, both the spouses introduce witnesses and evidences with respect to their claims and to counter the claims of the other party. Information and documents regarding witnesses and evidences are produced in front of the judge to decide on the admissibility, validity and significance of these claims.

• Counsels for both parties present final arguments.

This is the last step provided to both the parties to put their best foot forward and present the best to best arguments from their side to prove their contentions and invalidate the argument of the other party.

• Decree of divorce passed by the court.

After paying due consideration to all the documents and information processed by both the parties, the court settles the points for consideration which are to be decided by the judge. These points are generally regarding the issues upon which both the spouses are not able to decide amicably, such as division of assets, maintenance- interim and permanent, child custody, etc.

• Right to Appeal

Every aggrieved person has a right to appeal under the Indian Law. An aggrieved person can file an appeal to the High Court and then to the Supreme Court for a decree or a decision against the subsequent family and High court.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, it is realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

For the longest time, marriage has been considered as the ultimate religious duty of both men and women and not a means to enjoy companionship support or compatibility. Due to this, many couples have lived in an unhappy marriage.

The Hindu Dharma does not provide for divorce, and thus, for the longest time, divorce has been considered a taboo in the Indian society. For many years, any man or woman gone through judicial separation or mutual divorce have not been accepted by the members of the society and have usually ended up with the mudslinging.

With the progressive time, the society and its thinking are also moving forward. A lot of people who are unhappy in their marriage are opting for divorce whether the marriage has gone through one year or 20 years.

Women, too are prioritizing their happiness over what the society will think or how the society will treat them. Though it is still considered as a taboo, a lot of people are trying to normalize divorce in the Indian society.

What are the various ways to get divorced?

1. Mutual Divorce: Divorce by mutual consent, basically means a divorce not involving the courtroom, where both the husband and wife mutually decide to separate and sign a joint petition whereby stating that they have bene living separately for more than a year.

In India, divorce by mutual consent is the fastest, respectful and dignified way to get separation as in this case both the partners who believe that they cannot live together harmoniously and voluntarily agree to all terms and conditions of their joint petition to separate legally. Such a joint petition contains matters of maintenance, custody of child, division of assets, shelter of the spouse etc.

2. Contested Divorce: a contested divorce is the type of divorce where one partner applies for the divorce and is ready to separate from the spouse while the other partner does not want wish to separate. In such a case, the divorce proceedings are heard in front of a judge and matters such as property dispute, Child custody, maintenance and alimony I decided not by the partners but by the judge.

A contested divorce can be filed only on certain grounds which are mentioned under the law. Such grounds are – cruelty, adultery, dissertation, conversion, mental disorder, communicable general diseases, etc.

What are the things to think before filing for divorce?

Divorce in India, is an exhausting and a lengthy legal process which must be thought through at all times and not taken as an emotionally irrational decision. After filing for divorce or during the proceedings, it is almost impossible to go back to the marriage thus, it is very imperative that before filing for divorce certain issues must be considered, such as:

1. Health of the marriage: Divorce should be a choice that you make for yourself and not anyone for you. A lot of people around you might suggest to compromise or to separate from your spouse. It is very important to understand that living in a marriage or walking out of it should be your decision and yours alone.
2. Understanding the core issues: Another important aspect to reflect upon is why you wish to seek a divorce. Is it because of certain conflicts between you and your spouse or because you and your spouse are unable to live together anymore or because there was cruelty of any type.
3. Get a good lawyer: It is very important to consult a good lawyer before moving forward with filing of the divorce petition. The person seeking divorce must consult a lawyer and explain to them about the issues that they are facing in the marriage. and discuss about the recourse to such a problem.
4. Know the laws: Apart from consulting a lawyer, the person must also be aware of the basic laws regarding divorce and maintenance. This is done so that if the person moves forward with the divorce petition, they are aware of what they are getting into as well as the legal rights and duties surrounding what they are about to file.
5. Prepare for the custody of your child: After the break down of a marriage, the custody of the child is one of the most sensitive issues of divorce. In case of a mutual divorce, it is both the partners who decide the custody and the visitation rights of the child but in cases of contested divorce, the judge decides whom the child will stay with and who shall get the visitation rights. Factors such as welfare, finances, safe environment, education and the child’s preference are considered by the courts in granting the custody of the child.
6. Finances: The person seeking divorce, especially women must be financially independent for a few months before filing the divorce petition. This is because a divorce petition especially in India takes time to reach a solid ground and can be quite expensive too.in the court. A lot of times, spouses become spiteful when the divorce starts and may cut you off financially. Although your attorneys can get you financial support, it will take time to do so.
7. Be mentally prepared to face obstacles: Everything that you say, do, shall be used against you. The spouse that you vowed to spend your life with, will be in the battle against you. Relationships that involves going to the court become very fragile and things can escalate to violence very easily. It is very important for you to be prepared in advance for every possible situation as every decision in a divorce can have long-lasting impact on your life.
8. Support system: When issues between you and your spouse are difficult to be tacked by you alone, you must seek support and guidance from your friends and family. Sometimes, issues between the partners require outside interference from friends and family to solve. If you have decided you no longer wish to reside in a marital relationship with your spouse, then it is very important to inform and include your Friends and family into the decision.
9. Seek help: Mental health of a person is affected immensely during the divorce proceedings. Seeking professional help can help you understand what you really want. It can also sometimes illuminate on the aspect of where you went wrong in the relationship and can also help with the reconciliation.

What documents will you need while filing for divorce?

Depending on the type of divorce, the court may ask for:

• Address proof of both husband and wife.
• Details of professions and current earnings of husband and wife.
• Certificate of marriage.
• Information regarding family background.
• Photographs of marriage.
• Evidence to prove that the husband and wife have been living separately for more than a year.
• Evidence proving failed attempts at reconciliation.
• Income tax statements.
• Details of property and assets of the parties.
• Other documents too may be needed, depending on facts and circumstances of the case.

What are the steps involved in getting a  mutual consent divorce?

STEP 1: File a joint divorce petition.
STEP 2: Appearance of both the parties in the court
STEP 3: Scrutiny of documents & Recording of statement on oath
STEP 4: Court passes order on First Motion.
STEP 5: Cooling off period of six months given to couple by court to rethink decision.

STEP 6: Filing of Second Motion is done within 6- 18 months of First Motion.
STEP 7: Decree of divorce passed by the court.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, they realize that they both are not able to cohabit together as a couple and it would be bets to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime

To get legally divorced, it is imperative to get a decree of divorce from the appropriate judge. A divorce as per Hindu law is of two types-

1. Mutual Divorce: Divorce by mutual consent, basically means a divorce not involving the courtroom, where both the husband and wife mutually decide to separate and sign a joint petition whereby stating that they have been living separately for more than a year.

While applying for a mutual divorce, no petition within the first year of marriage can be accepted. After submitting the petition for divorce, the couple has to be present in front of the judge, for the judge to evaluate the mutual divorce proceedings. In this entire process, a cooling-off period takes place which was mandatory earlier, but now, as per the discretion of the judge, it can be waived off.

In India, divorce by mutual consent is the fastest, respectful and dignified way to get separation as in this case both the partners who believe that they cannot live together harmoniously and voluntarily agree to all terms and conditions of their joint petition to separate legally. Such a joint petition contains matters of maintenance, custody of child, division of assets, shelter of the spouse etc.

2. Contested Divorce: A contested divorce is the type of divorce where one partner applies for the divorce and is ready to separate, while the other partner does not wish to separate. In such a case, the divorce proceedings are heard in front of a judge and matters such as property dispute, child custody, maintenance and alimony are decided not by the partners but by the judge.

A contested divorce can be filed only on certain grounds which are mentioned under the law. Such grounds are – cruelty, adultery, dissertation, conversion, mental disorder, communicable general diseases, etc.

Can my divorce petition be rejected?

While applying for a divorce either through mutual or contested, a petition for divorce is presented in front of a judge. In case of a mutual divorce, the judge understands the background of the case, questions the decision of both the parties and attempts reconciliation. If the judge is fully satisfied with the joint plea, only then the judge passes the decree of divorce. This is done to protect the institution of marriage and to make sure there is no miscarriage of justice.

Further, in the case of contested divorce, since both the spouses cannot get on the common ground regarding the intricate decision of divorce, they give the judge the power to take decision on their behalf.

In both the situation, a judge can reject a plea for divorce be it in the case of a mutual or a contested divorce.

On what grounds can my divorce petition be rejected?

Your divorce petition can be rejected on the following grounds:

1. Unresolved custodial matters: Children are the ultimate and innocent victims of a breakdown of marriage. While planning for divorce, couples get so blind sighted about winning or getting out of the marriage quickly that they forget about the well-being of the child. A court can dismiss your mutual divorce petition if all issues regarding the child’s wellbeing and custody are not sorted out.
2. Contested divorce not proven: The Hindu Law has provided certain grounds for which a person can file for a divorce petition, even if their spouse is not ready to give divorce. Those grounds if applied but not able to prove or supported with relevant documents or evidences in court could lead to a dismissal of your petition.
3. Fraudulent Consent: The most important aspect of a mutual divorce is the free consent of both the spouses. If under any circumstance, the consent has been forced or fraudulently obtained through duress, etc., the judge can deny the divorce petition.
4. Improper Filing: The Indian Courts follow an exhaustive procedural code while dealing with civil cases such as adoption, matrimonial and other familial issues. Procedural error, missing appropriate stamps and documents, etc. are some of the procedures whose improper filling can lead to rejection of your divorce petition.
5. Not unreasonable exceptional hardship or depravity: The Hindu law provides that a person can claim divorce from their spouses on the issue of exceptional hardship or depravity. Exceptional hardship or depravity is creation of circumstances making it impossible to live with the spouse. Inflicting physical or mental cruelty, adultery, desertion, mental disorder, etc are some of the exceptional hardship or depravity faced by spouses.

How to avoid divorce petition being rejected?

1. Consult a lawyer- While applying for divorce it is extremely imperative to first consult and discuss with a lawyer about all the legal remedies available to you. Except for legal consultation, a lawyer plays a major role in filing procedural documents and during the physical pleadings before the courts. They are experienced in family matters on a date today basis and can be extremely helpful in your petition not getting rejected.
2. Take your time- Divorce proceedings are complex and time-consuming matters, which must be dealt with great care and caution. Before moving forward with such an application, the person filing the divorce must take all the time they need to figure out their future plans, collect any and all documents required, cite the real grounds for divorce, consult a lawyer and be true to yourself.
3. True Documentation and evidences- The Indian courts are a court of evidences. If a person wishes to divorce their spouse, they must present their petition with appropriate documents and evidences to prove their contentions and grounds for divorce. The documents and evidences produced in the court must be true to your knowledge as submitting false and frivolous information in the courts can lead to dismissal of divorce application.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, it is realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

Some people are able to shadow it in the name of family and society while it becomes extremely difficult for some people to stay in the marriage. At this point, one goes through the option of separation.

Most of the family laws in India are regulated by the customs and traditions of different religions.

Can you divorce your spouse within 5 months of marriage?

Divorce as per Hindu Law can take place through two methods. The couple who are willing to separate legally from each other can opt for mutual consent divorce. It means that both the spouses are ready to divorce each other and no longer wish to remain a married couple. The other method to seek divorce is through contested divorce. In this type of divorce, a person files a petition for divorce in the court of law, when their spouse is not ready to separate or grant divorce to them. Under contested divorce, since the couple amicably cannot decide whether to stay together or to separate or other related decisions, they transfer their right to decide on to the judicial magistrate. The magistrate then decides the divorce, maintenance, child custody (if any) and other terms and conditions of the divorce. The Hindu law provides for many grounds under which a person can file for contested divorce.

Now, as per the law, there are certain prerequisites which are to be fulfilled before applying for a divorce through either of the methods.

1. For Mutual Divorce:

• Both the partners must have lived separately for one year or 12 months. Living separately does not mean in different houses or different location, rather it means that they have not been living as husband and wife for at least a year.
• The second important prerequisite for obtaining a mutual divorce is that both the partners do not feel that reconciliation or mending of relations is possible at any cost.
• The most important essential, as the name suggests mutual consented divorce means that both the partners have given their free consent for the dissolution of their marriage.

2. For Contested Divorce:

• In a contested divorce, one partner wishes to no longer live with their spouse but the spouse is not ready to separate legally, yet.
• Various grounds can be considered as the reason for filing a contested divorce petition such as cruelty, adultery, mental illness, conversion of religion, venereal diseases, etc.
• There is no such timeline as per the minimum time to file a contested divorce in the court of law. It can also be filed after 30 years of marriage and also after 24 hours of marriage.

Since Hindus are regulated by the Hindu law, in order to separate from your spouse, the couple must have lived separately for at least one year. No couple can file a mutual divorce agreement in the court of law before completion of one year of marriage.

In case the couple still wishes to pursue mutual divorce, then they must either continue living separately until the one-year timeline is completed or they can file a contested divorce on any of the grounds laid down by the statutory provisions provided by the Hindu law.

The Hindu Marriage Act provides that a marriage can be dissolved before the one-year timeline through contested divorce only if the person making the application has faced exceptional hardship or that their spouse has created exceptional depravity for them.

Exceptional hardship or depravity is creation of circumstances making it impossible to live with the spouse. Inflicting physical or mental cruelty, adultery, desertion, mental disorder, etc are some of the exceptional hardship or depravity faced by spouses.

How can I apply for contested divorce?

Filing for a divorce petition when your partner is not ready to separate yet, can take a toll in terms of emotions, financials and time. Nevertheless, if You are sure to break your marital bond, below mentioned are the steps to be followed while applying for a contested divorce-

• Filing of petition by the husband or wife
• Issuing of Summons and appearances
• Reconciliation attempt by the Court
• Reply/counter reply from the respondent spouse
• Examination and cross-examination of witnesses and evidence.
• Counsels for both parties present final arguments.
• Decree of divorce passed by the court.
• Petition of Appeal, if any.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, its realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

Before getting married, it might feel that a particular person is the right partner for you but as you start to live together with that person, you realize that this partnership is not made for you. At this point, the entire world of that person comes shattering down. This is so because, they realize that their happiness is not with the person that they wed. They cannot seek separation as well because of the societal pressure. Such is the situation of the Indian Society.

The recent trend shows, a lot of couples opting for divorce or separation from their spouses, be it after 20 years of marriage or just 3 months of marriage. The society which earlier used to ridicule the people who took such a step, is now too slowly accepting back divorcees into the society. This has, in turn-initiated courage into those, who have been suffering or adjusting only for the sake of happiness of the family to stand up and search for their own happiness.

Can I claim maintenance after getting mutual divorce from my partner?

A couple, when opts for the mutual divorce, they set the terms and conditions for the divorce themselves as per their own choice, voluntarily with the help of their lawyers. Such an agreement is made legal and binding, when it is presented in front of a magistrate in the form of a mutual divorce petition. The magistrate then gives its assent to the petition, upon realization of no sign of reconciliation between the spouses, thus making the divorce legal.

The magistrate does not interfere with the terms and conditions of the mutual divorce agreement as they have been voluntarily agreed upon by both the parties.

In a lot of situations, in order to get out of the marriage, a lot of women either waive of their right to claim maintenance or they take a very less or minimal amount in the form of maintenance. This type of agreement or monitory settlement is insufficient for the woman to survive in the society. As per the Indian law, it is the right and duty of the husband to maintain his wife children and old parents, who are not capable to maintain themselves. The meaning of word wife has been given extended meaning by the law to provide security to those who are not able to maintain themselves.

How can such a maintenance can be claimed?

Many courts have, through their judgements held that if a man and a woman after being mutually divorced are living separately, then it does not mean that they are living separately by mutual consent; and thus, a wife who obtains divorce by mutual consent cannot be denied maintenance by virtue of section 125 of criminal code.

It has been further explained that if the divorced wife under any circumstances, is unable to maintain herself, and has not remarried either then she shall be entitled to claim maintenance from her divorced husband.

What are the important aspects to take care of while filing such an application?

The court through various judgements have retaliated that a former husband who has divorced his wife cannot be discharged from his legal duty and obligation to provide minimum amount of maintenance to his former wife. Under section 125 of the criminal code, the judicial officers must provide an amount in the form of maintenance which is capable to maintain the wife. The wife can apply for maintenance by filing an application under section 125 of the criminal code.

• Consult an advocate- The application must be filed by a practicing advocate on behalf of the divorced wife. If you are seeking maintenance, then you must first consult an advocate, discuss your matter with them, explain to them your basic financial needs, the terms and conditions of your mutually agreed divorce, etc.
• Such an application must have two things-
• First- The most important thing is to prove that the applicant was legally married to the respondent. This can be showed by attaching the marriage certificate, wedding card, family photos, etc.
• Second- It must include evidence, affidavits and the fact that the respondent has neglected to maintain his former wife, who is unable to maintain herself and is fully dependent on the respondent, having no or insufficient source of income to maintain a basic, steady lifestyle.
• Third- The application for maintenance must provide the fact that the husband has sufficient means to provide maintenance to his former wife. To prove such a statement, it must be supported by relevant documents showing source of income of the husband, by gathering a list of all the assets owned by the husband.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, they realize that they both are not able to cohabit together as a couple and it would be bets to part their ways. While separating form your partner, it is imperative to think about your future in financial terms. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

Tackling an unhappy marriage and finding their way through it can be extremely difficult for a couple. Especially in a society like India, where unhappy and abusive marriages are normalized and both the spouses are advised to adjust by friends and family, it becomes extremely difficult for a person to navigate their life through such a situation.

As a result, many religions, especially in India have their own laws set up in accordance to their customs and traditions for a couple to separate either amicably or through a contested divorce.

How can I apply for divorce in India?

Now, as per the law, there are certain prerequisites which are to be fulfilled before applying for a divorce through either of the methods.

1. For Mutual Divorce:

• Both the partners must have lived separately for one year or 12 months. Living separately does not mean in different houses or different location, rather it means that they have not been living as husband and wife for at least a year.
• The second important prerequisite for obtaining a mutual divorce is that both the partners do not feel that reconciliation or mending of relations is possible at any cost.
• The most important essential, as the name suggests mutual consented divorce means that both the partners have given their free consent for the dissolution of their marriage.

2. 2. For Contested Divorce:

• In a contested divorce, one partner wishes to no longer live with their spouse but the spouse is not ready to separate legally, yet.
• Various grounds can be considered as the reason for filing a contested divorce petition such as cruelty, adultery, mental illness, conversion of religion, venereal diseases, etc.
• There is no such timeline as per the minimum time to file a contested divorce in the court of law. It can also be filed after 30 years of marriage and also after 24 hours of marriage.

How much time does it take to get a mutual divorce?

The best way to get a decree of divorce from the court is through a mutual divorce. It is the fastest and far less toiling way to get a divorce as well as keep the respect and dignity of both the persons intact. The Hindu law provides that no couple shall be allowed to apply for dissolution of marriage before completion of one year of marriage. Apart from this, the couple must be residing separately in non- marital capacity for a period of at least 1 year. It is only after fulfilment upon these two conditions and attachment of evidences and witnesses to affirm to the above two conditions, a couple can apply for dissolution of their marriage on the ground of mutual divorce.

Further, after filing of such an application, it takes around 12-18 months to get a mutual divorce decree from the court. The time mentioned is reduced by a lot, if the court through its discretionary power waves-off the 6-month cooling period. The cooling period is a time given to the couple to take one last chance to think about reconciliation and if even after a 6-month period, they believe that their differences are irreconcilable, then the court passes the decree of divorce. 

How much time does it take to get a contested divorce?

The process involving a contested divorce is an extremely lengthy and toiling one as the name suggests, its where one partner is ready to separate, while the other partner does not want wish to separate. The process involving a contested divorce is a lengthy one as first, the spouse seeking divorce must choose the right lawyer, who shall represent their concerns and interests in the court, judiciously. Before filing for an application for contested divorce, the contesting spouse must be able to collect sufficient evidences and witnesses to make their petition iron clad on their accusations against their spouse. Preparation of such a petition, itself is a heavy task and takes a good amount of time to complete. After filing of the petition in court, the judge hears the arguments and contentions of both the sides and moves forward with the petition only if satisfied. Various hearings takes place over the months, which can also take years to complete in presenting and scrutinizing of the evidences and witnesses. The process not only involves presenting one side of the case but also gives a fair chance to the other spouse to defend themselves.

The entire process of a contested divorce case typically takes 2-3 years and in some complex cases even 5 years to bear any fruitful result.

It all goes to waste if the aggrieved spouse then appeals to the high court against the order of the family court, then the entire process is repeated again and can take a long time for the divorce to get finalised.

How can I apply for mutual divorce?

A lot of the steps mentioned below take place at the same time and thus, the couple seeking divorce does not need to visit the court again and again for the proceedings.

• Filing of a joint divorce petition
• Appearance of both the parties in the court
• Scrutiny of evidences & Recording of statement on oath
• Passing of the First Motion
• Discretionary Cooling off period
• Passing of the Second Motion
• Decree of divorce passed by the court

How can I apply for contested divorce?

Applying for a contested divorce can be a lengthy and a tedious task as while you may wish to get a divorce, your spouse might not be ready to agree to it, yet. In such a case, contested divorces take time as all the decision-making power regarding the divorce proceedings are surrendered by the couple and given to the judge. Such a task might also require regular brainstorming sessions with your lawyer and frequent visits to the family courts.

• Filing of petition by the husband or wife
• Issuing of Summons and appearances
• Reconciliation attempt by the Court
• Reply/counter reply from the respondent spouse
• Examination and cross-examination of witnesses and evidence.
• Counsels for both parties present final arguments.
• Decree of divorce passed by the court.
• Petition of Appeal, if any.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, its realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

Religions such as Hinduism, Islam, Christianity, etc. have their own statutory provisions in India that regulate marriage and divorce of the people following them. There is not a uniform religion code in India as these laws have been made with respect to the customs and religious practices followed by people for generations.

Can Hindus get divorced?

Hindus are synchronized with the divorce law in India through the Hindu marriage act. Divorce for Hindus as per the act, can be of two types. – Mutual or contested.

1. Mutual Divorce: Divorce by mutual consent, basically means a divorce not involving the courtroom, where both the husband and wife mutually decide to separate and sign a joint petition whereby stating that they have bene living separately for more than a year.

In India, divorce by mutual consent is the fastest, respectful and dignified way to get separation as in this case both the partners who believe that they cannot live together harmoniously and voluntarily agree to all terms and conditions of their joint petition to separate legally. Such a joint petition contains matters of maintenance, custody of child, division of assets, shelter of the spouse etc.

2. Contested Divorce: A contested divorce is the type of divorce where one partner applies for the divorce and is ready to separate, while the other partner does not want wish to separate. In such a case, the divorce proceedings are heard in front of a judge and matters such as property dispute, child custody, maintenance and alimony are decided not by the partners but by the judge.

A contested divorce can be filed only on certain grounds which are mentioned under the law. Such grounds are – cruelty, adultery, dissertation, conversion, mental disorder, communicable general diseases, etc.

What should I do if my spouse does not wish to divorce me?

If you do not wish to continue your marital relations with your partner and they are not ready yet to go their separate ways, then you may opt for contested divorce in consultation with your lawyer. As explained in brief above, contested divorce as the name suggests is the form of divorce in which one partner files for divorce in the court while the other contests the said petition and its contents.

What is the procedure for filing contested divorce petition in India?

• Consult a Lawyer

The most important step in pursuing a contested divorce is to consult a good lawyer. A lawyer is the one who shall be representing your interests in the court of law and in front of the judge, who shall be deciding the contents of your divorce. You must choose the lawyer who can best represent you and understand you and convey your concerns in the court, judiciously.

• Filing of petition by the husband or wife

The second most important step is of preparation and filing of petition by either of the spouse. A petition for contested divorce under your chosen ground is submitted before the court to review the contents of the divorce petition. The person filing the petition provides all the related documents, evidences and information, is attached in the petition by the chosen lawyer.

• Issuing of Summons and appearances

After filing of the petition, summons are issued by the court to the other party for appearance in the court. The summons asks the parties to appear in the court in front of the judge and also to cite any and all accusations against each other. Then on the given date, both the parties appear in front of the court and disclose their issues and contentions regarding the divorce proceedings.

• Reconciliation attempt by the Court

After an attempt at reconciliation, when the case is redirected to the court, the court acknowledges and comprehends the gravity of the case. If the court believes that the issues between the parties are a result of misunderstandings or little bit adjustment between the parties can pave way for reconciliation; then, the case is forwarded to the legal service authority where both the parties mediate their issues and resolution between them is attempted. If the case is settled through a settlement by the act of mediation, then the petition is withdrawn from the court and the case is closed; if not, then the case is redirected to the court on the recommendation of the mediator and the procedure for contested divorce is followed.

• Reply/counter reply from the respondent spouse

The respondent spouse against whom the petition for divorce has been filed, files a counter petition. Under this counter petition, the respondent spouse if is not in the favour of divorce, denies allegations made against them. The denies have to be specific and cannot be an overall denial towards those allegations. If any allegation filed by the petitioner have not been specifically denied, then in the language of the court, it shall be deemed as an accepted allegation on the part of the respondent spouse. The respondent spouse, in their counter reply can also file allegations against the petitioning spouse.

• Examination and cross-examination of witnesses and evidence.

Through a series of petitions and counter petitions, both the spouses introduce witnesses and evidences with respect to their claims and to counter the claims of the other party. Information and documents regarding witnesses and evidences are produced in front of the judge to decide on the admissibility, validity and significance of these claims.

• Counsels for both parties present final arguments.

This is the last step provided to both the parties to put their best foot forward and present the best to best arguments from their side to prove their contentions and invalidate the argument of the other party.

• Decree of divorce passed by the court.

After paying due consideration to all the documents and information processed by both the parties, the court settles the points for consideration which are to be decided by the judge. These points are generally regarding the issues upon which both the spouses are not able to decide amicably, such as division of assets, maintenance- interim and permanent, child custody, etc.

• Right to Appeal

Every aggrieved person has a right to appeal under the Indian Law. An aggrieved person can file an appeal to the High Court and then to the Supreme Court for a decree or a decision against the subsequent family and High court.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, it is realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.

Hearing the religion’s perspective on marriage, we forget that the sole purpose of marriage is commitment, companionship and respect for one another.

The colour of marriage fades when one of the spouse strays away from their responsibility towards the marriage and their partner.

Acts of infidelity, loss of interest in the partner, harassment, dowry demands, ego clashes etc, break the very foundation of marriage which was built on the day they took their vows towards each other.

At this point, it becomes extremely difficult of the couple to stay together and even on the issue of divorce, the couple starts disagreeing on each and every issue. Sometimes, while one may wish to leave their marital relationship, the other might not be ready for divorce yet. The helpless question arises, what must be done? Should we stay in an unhappy or abusive marriage till the end?

What to do if living in an unhappy or abusive marriage?

The Hindu law provides for 9 types of grounds for divorces, they are:

• Adultery: Adultery, basically means to have an extra marital affair with some other person who is not your spouse. Earlier, adultery was mentioned in the Indian Penal Code, making adultery a crime. Thus, any person who committed the act of adultery, could be jailed or pay a hefty amount of compensation.

But, in 2018, The supreme Court through a judgement, declared the law of adultery illegal and removed it on the ground that it was discriminatory towards women and gave the autonomy of women to their husbands. Even though adultery is no more a crime, a person can still approach the court of law and plead for divorce on the ground of adultery.

It is very hard to catch someone red handed in the act of adultery, thus direct evidences or direct links to evidences are almost hard to collect. Thus, Circumstantial evidences play a major role in such situations, such as:

• Circumstantial proof, where the husband has spent time alone in closed spaces with someone else.
• Evidence of birth of his children with someone else.
• Any venereal disease contracted by the spouse from someone else.
• Any proof of him visiting the house of the other woman
• Recordings of admission and confession by the husband
• Witnesses, recordings, photographs, videos (in connivance to the provisions of the Indian Laws)
• Clear association with the other party, etc.

Evidences such as mentioned above are not direct evidence. They are individually not sufficient to make someone look guilty of cheating or having an extra marital affair, but when presented together with facts and situations, they lead to the irresistible conclusion of the commission of adultery or the act of extra marital affair.

• Grave Mental Disorder or Insanity: In many cases, a person can approach the court for divorce if they believe that their partner is suffering from severe mental illness or unsoundness of mind, during the course of the marriage. There can be situations, where a person was of sane mind during the solemnization of marriage but during the course of or many years of marriage the person has become of unsound mind. In both the above situations, a decree for divorce can be requested.

This means that any person who is not capable of leading a normal married life or fulfil the responsibilities associated with it at any point is a person said to be of unsound mind. Thus, judicial separation can certainly be obtained if the person has been “incurably of unsound mind,” or has been suffering continuously or intermittently from “mental disorder of such a kind and to such an extent that the petitioner thus cannot reasonably be expected to live with the respondent”.

Major mental disorders have always been considered as important elements in marriage and are listed both as preconditions of marriage and as grounds for divorce.

• Communicable Venereal Disease: Any communicable disease which is contracted through sexual intercourse is referred to as communicable venereal disease. Syphilis, Gonorrhoea, AIDS, are some of the recognised venereal diseases in India.
• Conversion: Any Hindu marriage can be dissolved by the competent court on the ground that one of the spouses has ceased to be a Hindu by converting to another religion. This is done so that when a person changes their religion, their spouse must not have to keep up with the conjugal duties and rights with a person of separate religion. Relinquishing of Hindu religion doesn’t mean mere professing or theoretical knowledge of the other religion. It must be voluntary relinquishment through a formal ceremony.
• Cruelty: Mental as well as physical cruelty both constitutes the ground of cruelty. This is the most common ground for divorce. Physical cruelty occurs when a person physically causes any harm or bodily injury to their spouse. While mental cruelty consists of mental torture or bad behaviour or hurling of verbal abuses towards their spouse. Any act that can cause mental cruelty or physical cruelty, upon presentation of appropriate evidences and witnesses, can be a ground for dissolution of marriage.
• Desertion: Desertion as the name suggests occurs when a person leaves their spouse without their consent and any valid reason or justification. Under this ground, when a person denies to fulfil their obligation as a married partner to their spouse, the deserted spouse can claim for divorce.
• Leprosy: Leprosy is basically a communicable, infectious disease of the skin that penetrates into the nervous system, mucus membranes, etc. Only a ‘virulent and incurable’ form of leprosy can be a valid ground for divorce. Such a contention that the spouse is suffering from virulent and incurable form of leprosy must be proved through appropriate expert opinion and medical reports.
• Renunciation of the World: When a person renounces the world, basically leaves the world to follow the path of god & distances self from civilization, then their spouses can approach the competent court to request for a decree of divorce.
• Presumption of Death: As per the Hindu law, a person is presumed to be dead if not heard alive to family and friends for at least seven years. The burden to prove the death of such a person is on the spouse seeking divorce.

How can I apply for contested divorce?

Going through the process of divorce can take a toll on any individual, especially if the marriage has ruptured due to any of the above reasons. A person can apply for divorce on any of the above ground by following the below mentioned steps-

• Consulting a lawyer
• Collection of all evidences and witnesses
• Filing of petition by the husband or wife
• Issuing of Summons and appearances
• Reconciliation attempt by the Court
• Reply/counter reply from the respondent spouse
• Filing of Interim applications, if any.
• Examination and cross-examination of witnesses and evidence.
• Decree of divorce passed by the court.
• Petition of Appeal, if any.

How can GS Bagga & Associates help you?

Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, its realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.