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Divorce rates in Delhi have risen at an alarming rate in the last 10-12 years with more than 100 divorce petitions being filed in the city’s courts every day. Divorce issues ranging from domestic violence, dowry, cheating, impotence, etc. to not respecting each other’s parents, changed habits, and general intolerance have made divorces a commonplace occurrence in the National Capital region (NCR).
If you or someone you know is looking to get a divorce, read on to find the right legal advisor to help you out:
Judicial separation is akin to creating grounds for divorce. So, in a way, it is generally a step towards divorce, the grounds for which are laid in Section 10 of the Hindu Marriage Act. The grounds, processes, and procedures for a judicial separation is the same as in the case of a contested divorce but the degree of standard of proof required in lesser in the former case. At an appropriate stage and subject to the court’s approval, the party can apply to convert a case of judicial separation to divorce.
What is annulment of marriage? Is it the same as divorce?
In various matrimonial laws, certain grounds are specified according to which an individual can move a petition for the annulment of marriage. Once the petition is successful, the marriage is declared null and void, which basically means that it does not exist. Once this is done, the court considers that the marriage did not take place at all and hence the tag of a ‘divorcee’ is not attached.
What is the difference between mutual and contested divorce?
Mutual consent divorce
A mutual consent divorce is where the 2 parties (spouses) mutually decide to end their marriage. It was enacted after an amendment in the Hindu Marriage Act in 1976. It is a desirable way as it comes without the troubles associated with a long drawn litigation. A petition for a mutual consent divorce can be filed either at the place where the marriage had taken place, or the place where the husband and wife last resided together, or the place where the wife is residing at the time of filing the petition. After the petition is filed, both the parties are required to record a statement in the court (either by themselves or through a power of attorney). The ‘First Motion’ is granted after the statement has been recorded. After the first motion, there is ‘cooling-off’ period of six to eighteen months where the parties can choose to reconcile. If after the cooling off period the parties are not able to resolve their differences, their statements are recorded again in the court. This is the ‘Second Motion’. During the cooling-off period i.e. before moving the second motion, the parties can withdraw their consent for a divorce.
In this case, the party that seeks a divorce needs to approach a family court/civil court and file for separation based on one of the grounds as stated in the Hindu Marriage Act, 1955 for Hindus (including Sikhs, Jains, and Buddhists); Indian Divorce Act, 1869 for Christians; Special Marriage Act, 1954 for people who are married undercivil law. The broad grounds for divorce are:
In addition, there are other grounds for divorce available only to females.
What fee can you expect to pay for hiring a divorce attorney in Delhi?
In Delhi NCR, you can either opt for an independent attorney or go to an established legal firm. For a decent advocates, the minimum fee can start from as low as Rs. 2000 and can even go up to several lakhs of rupees. Apart from the fee, there will be appearance fee, drafting fee, court fee (one time), photocopy charges, and others. The charges are so ambiguous because it will depend on the timeline and the experience of the legal advisors.