Best divorce lawyer in delhi l advocate tushar srivastava (Delhi)

Best divorce lawyer in delhi l advocate tushar srivastava

Grounds for Divorce in India Before we delve into the details of divorce laws in India, let?s first understand the grounds for divorce. The grounds for divorce vary depending on the personal law applicable to the parties. However, some common grounds for divorce include adultery, cruelty, desertion, impotence, and conversion to another religion. Types of Divorce In India, there are two types of divorce: contested divorce and mutual divorce. A contested divorce is where one party seeks a divorce, and the other party does not agree to it. On the other hand, mutual divorce is where both parties agree to dissolve the marriage. Mutual divorce is a quicker and less contentious process than contested divorce. Divorce Laws for Hindus Hindu Marriage Act, 1955 The Hindu Marriage Act, 1955, is the primary law governing marriage and divorce among Hindus in India. Under the act, a Hindu can seek a divorce on various grounds, including adultery, cruelty, desertion, and conversion to another religion. The act also provides for mutual divorce, where both parties agree to dissolve the marriage. The Hindu Marriage Act also covers maintenance and alimony issues. Divorce Procedure under Hindu Marriage Act The divorce procedure under the Hindu Marriage Act involves filing a petition for divorce in the family court. The court will then issue notice to the other party, and if the other party does not contest the divorce, the court may grant a divorce decree. If the other party contests the divorce, the court may refer the matter for mediation or counseling. If mediation fails, the court will conduct a trial, and the parties will have to present their case before the court. The court will then decide whether to grant the divorce or not. Mutual Divorce under Hindu Marriage Act Mutual divorce is a quicker and less contentious process than contested divorce. Under the Hindu Marriage Act, both parties can file a joint petition for divorce in the family court. The court will then issue a notice to both parties and may refer the matter for counseling. If the court is satisfied that the parties have mutually agreed to dissolve the marriage, it may grant a divorce decree. Maintenance and Alimony under Hindu Marriage Act Maintenance and alimony are two essential aspects of divorce under the Hindu Marriage Act. Maintenance is the financial support provided to the spouse who does not have sufficient means to support themselves. The court may order the spouse with a higher income to provide maintenance to the other spouse. The amount of maintenance depends on various factors, such as the earning capacity of the parties, the standard of living of the parties, and the duration of the marriage. Alimony, on the other hand, is the financial support provided to the spouse after divorce. The court may order one spouse to pay alimony to the other spouse for a specified period or for the rest of their life. The amount of alimony depends on various factors, such as