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Every individual, every couple, their children and their families have their own journeys, experiences and thought processes which make every divorce unique and distinct. And hence it needs undivided attention to understand each client’s disputes.
Contested Divorce
One of the spouses alleges about the other spouse and take one of the grounds provided in law for a contested divorce
Annulment of marriage
There are several grounds specified in matrimonial laws for annulment of marriage under Section 12 of the Hindu Marriage Act.
Mutual Consent
This is the easy way to take separation by both the parties simultaneously without alleging either of the parties. It saves energy, time, money and you can have peace in a good manner.
Divorce - Details and Options
Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce.
Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-
- Both Parties i.e.: Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
- On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act, 1956.
- Divorce Petition will be drafted which will include terms of settlement agreed between parties.
- Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
A petition for the annulment of marriage is moved on certain grounds specified in various matrimonial laws. Once a petitioner is successful in proving its case, marriage is declared null and void. Resultantly, the court considers that the marriage has not taken place at all and the tag of the ‘divorcee‘ is not attached. Annulment of marriage is very important in the scheme of matrimonial laws as there is no point in carrying the burden of divorce in cases where marriage has been solemnized on the strength of fraud or where the marriage is solemnized despite the fact that the responding spouse was already married.
Mutual Consent Divorce was brought by the India Parliament vide Amendment in the year 1976 in the Hindu Marriage Act. Mutual Consent Divorce has brought relief. As a mutual consent divorce lawyer, it is desirable to suggest to parties to understand the futility of long drawn litigation and thereby proceed towards mutual consent divorce
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependent on variety of factors but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
If the wife wants one time settlement, she can seek for permanent alimony, which will be the final settlement.
The aggrieved person can also seek for domestic violence and claim rights of maintenance, residence and protection under law, under the Domestic Violence Act 2005.
In divorce proceedings, the most complex and emotionally drenching issue is that of the child custody. Children, young and at times infants have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards Act. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children. Custody of children can be divided in to three parts:
- Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
- Interim Custody: During the pendency of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
- Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent cannot be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent, even after divorce.
- Custody can be taken even after the parents are separated.
Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act Judicial Separation is generally a step towards divorce. Section 10 of the Hindu Marriage Act provides grounds for judicial separation. It is akin to grounds for divorce. Grounds, process and procedure for Judicial Separation is same as in case of contested divorce.
On successfully proving case for judicial separation by party initiating the process, Court passes decree of judicial separation. It implies that party may live separately.
Counselling and Mediation
Divorce is a complicated, complex, and often an extreme step to problems that might be solved through mediation and counselling. The truth is even when we seem to be listening, in an emotionally charged scenario, we may be preparing to find a disconnected link and fight back with arguments.
At times, the counselling and mediation process act as a deterrent to help resolve the minor conflicts, understand the differences and save the precious relationship. It may seem divorce is the only option as the possibility of reconciliation may be out of question. Still, the mediation process makes the divorce proceeding less painful. In other words, a mediator saves time, cost, and avoid public humiliation.
Matrimonial disputes have psychological factors at their core, like ego, emotions, feelings etc. Mediation as a process provides the scope of a neutral party who listens to the problems objectively and tries to preserve the relationship in a confidential manner. Mediation and Pre-litigation Mediation has been an effective process for resolving disputes, bridge the gap in communication and improving/preserving relationships between the parties while at the same time being cost and time effective. Our firm has successfully disposed off many matters through pre-litigation mediation.