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Best Divorce Lawyer in Defence Colony Delhi

Best Divorce Lawyer in Defence colony

Best Divorce lawyer in  Defence colony, Delhi is the label earned by Dua’s & Dua’s, which offers comprehensive  legal  counsel  for a spectrum of sensitive family law matters. With a deep understanding of the emotional complexities involved, we strive to expedite the resolution of these issues. Our proactive approach ensures preemptive protection of your interests. Committed to fostering amicable settlements, we employ mediation, conciliation, and proactive legal strategies. Our services span Adoption, Partition, Alimony, Marriage, Succession, Divorce, Child Custody, Dowry Harassment , Special Marriage Acts , Maintenance , Wills , Property Division , Probate , and Domestic Violence. Trust our expertise to navigate through the intricate aspects of family law with diligence and compassion.

Rajal Rai Dua, a distinguished lawyer and the visionary behind Dua’s & Dua’s, Advocates & Consultants, has been a specialist in Divorce, Domestic Violence, and Child Custody cases since 2004. His profound understanding of India’s intricate legal landscape has led to the successful resolution of numerous complex divorce cases. Catering to clients across Delhi, Gurgaon, and Noida, the esteemed team at Dua’s & Dua’s, Advocates & Consultants brings forth extensive expertise in family law, adept at navigating the intricate legal nuances that profoundly influence case outcomes.

Let`s get divorced

India’s diverse legal landscape on divorce reflects the nation’s multifaceted nature. Matrimonial conflicts can escalate to both civil and criminal proceedings, underscoring the need for professional legal guidance. Engaging a proficient divorce advocate becomes pivotal in such scenarios. Divorce proceedings vary based on the relationship dynamics, transitioning between contested or mutual divorce proceedings. Regardless,meticulous steps are essential to safeguard personal well-being. Divorce laws in India are governed by various acts based on religion and personal laws.

  • The Hindu Marriage Act of 1955 allows divorce on various grounds.
  • Muslim personal laws follow Sharia, permitting divorce through talaq, khula, or mutual consent.
  • The Special Marriage Act, applicable to interfaith marriages, allows divorce on similar grounds.

The divorce process involves filing a Divorce petition in court, mediation, and, if unresolved, trial. Courts aim for amicable settlements, especially concerning child custody and alimony. India’s legal system emphasizes reconciliation but provides provisions for individuals seeking dissolution, ensuring a balance between social values and personal rights.

BEST DIVORCE LAWYER IN DEFENCE COLONY

Divorce Under Hindu Marriage Act`1955

Under the Hindu Marriage Act of 1955, contested divorce can be sought based on specific grounds outlined in Section 13:

  • Adultery: Adultery is having an extramarital affair or sexual relationship with someone outside of marriage. Though no longer a criminal offense, it remains a valid ground for divorce.
  • Cruelty: Cruelty includes unjustifiable behaviour that harms physically, mentally, or emotionally.
  • Desertion: Abandonment by one spouse constitutes desertion for a minimum period of 2 years, permitting divorce under Hindu Marriage Act`1955.3.
  • Conversion to any other religion: Changing religion from Hindu to any other religion without spousal consent allows for divorce proceedings.
  • Insanity: Insanity (Mental Disorder of continuous or intermittent nature) or unsoundness of mind in one spouse enables the other to file for divorce. Insanity shall have an indefinite period of cure or doesn’t have a treatment. The other spouse can file divorce on these medical conditions of the other spouse.
  • Leprosy
  • Venereal Disease
  • Renunciation of the World:This is when either partner has gone out of the marriage leaving all material things to pursue any religion or any kind of faith, and abandoned their family in all forms.
  • Presumption of Death:When a partner goes away, gets lost, or is not found or has any record in any form and is not found for 7 years or more, he/she is presumed dead and the petitioner can seek divorce Under the Hindu Marriage Act, 1955.

 Additional grounds available to only wives seeking contested divorce include:

  1. Husband’s existing marriage without divorce from the first wife.(Bigamy)
  2. Husband’s conviction for unnatural offenses.
  3. Marriage conducted or solemnized before the wife reached the legally required age.

These grounds provide a legal framework for divorce proceedings under the Hindu Marriage Act, delineating circumstances justifying the dissolution of marriage.

Mutual Consent Divorce under Hindu Marriage Act`1955

In accordance with Section 13B of the Hindu Marriage Act, 1955, divorce can be sought through mutual consent, where the involved parties have mutually agreed upon the terms and conditions for settlement. For a comprehensive understanding of the detailed procedure, please refer to our blog on Mutual Consent.

Marriage Annulment

Under the Hindu Marriage Act in India, marriage annulment is distinct from divorce and involves declaring a marriage null and void, as if it never existed. Annulment can be sought on specific grounds outlined in Section 12 of the Hindu Marriage Act. These grounds include:

  1. Unsoundness of Mind: If either party was of unsound mind at the time of marriage.
  2. Existence of a Spouse: If either party had a living spouse at the time of marriage.
  3. Consent Obtained by Force or Fraud: If consent for the marriage was obtained by force or through fraud.
  4. Incapacity to Consummate Marriage: If either party is incapable of consummating the marriage.

The annulment process involves filing a petition with the family court, presenting evidence to support the grounds, and, if approved, the marriage is declared void. It’s crucial to consult with a Lawyer for Divorce for guidance on the specific requirements and procedures under the Hindu Marriage Act.

Divorce Decree

Following the court’s acceptance of the grounds presented in the Divorce Petition and subsequent trial, the Court issues a Divorce Decree/Divorce Paper, or Divorce Certificate as per the granted divorce.

NO CONTEMPT IS MADE OUT IF ONE PARTY WITHDRAWS FROM MOU AFTER I MOTION OF DIVORCE- DELHI HIGH COURT

The Delhi High Court recently emphasized in MAT APP.(F.C) No. 89/2023 that family courts should adopt a reconciliatory approach and cannot compel parties to undergo divorce if it is not mutually agreeable. This directive was given by a division bench comprising Justice Suresh Kumar Kait and Justice Neena Bansal Krishna.

The court made these observations while ruling on a case where a husband had appealed against a family court order. The family court had rejected his contempt petition against his wife for not following through on a Memorandum of Understanding (MoU) they had signed, agreeing to a divorce by mutual consent.

The couple, married in 2017, had initiated divorce proceedings after signing the MoU. The first motion for divorce was approved in December 2020. However, the wife did not proceed with the second motion, leading the husband to file a contempt petition against her.

In its judgment, the Family Court found no deliberate breach of the agreement by the wife and ruled out any contempt on her part. The High Court upheld this decision, stating that the wife cannot be forced to give her consent for the second motion, as requested by the husband.

The court highlighted that the core objective of matrimonial laws is to facilitate reconciliation between spouses. In this case, both parties had initially agreed to a divorce settlement without court intervention. However, the wife later decided against divorce during the cooling-off period after the first motion.

The court noted that the wife had already filed a petition under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights. She had also filed a Guardianship Petition for permanent custody of their minor daughter. Considering these circumstances, the court concluded that the wife had not committed contempt under the Contempt of Courts Act, 1971.

In summary, the High Court’s decision underscores the importance of a reconciliatory approach in family court matters and reaffirms that divorce cannot be imposed if one party is not willing, even if an initial agreement was in place.

Why Us..

Overview of the Emotional Challenges in Divorce

Navigating the complexities of divorce can be emotionally challenging for all parties involved. During such trying times, the guidance of an experienced divorce lawyers in Delhi becomes crucial. Choosing the best divorce Advocate in Delhi is essential to ensure a favorable outcome for everyone affected by the situation. While divorce is inherently stressful, the efficiency and success of your chosen divorce advocate play a pivotal role in shaping the overall experience.

 Choosing the Best Divorce Advocate in Delhi

Advocate Rajal Rai Dua is committed to assisting you at every stage of the divorce process, offering a comprehensive examination of your case from various perspectives. With a team of legal associates possessing the necessary skills and expertise, Rajal Rai Dua ensures the establishment of a robust divorce case. Clients can expect a personalized solution, overseen by seasoned divorce lawyers with decades of experience and a track record of successful cases, ensuring that justice prevails.

Beyond Courtroom Representation: Diverse Legal Services

Beyond courtroom representation, a proficient divorce lawyer can aid in Marriage Registration, Guardianship Petition, Adoption of a child, filing for restitution of conjugal rights, judicial separation, interim maintenance, permanent alimony, and mediation between the parties. An expert divorce advocate can significantly impact the course of the entire process, advocating for your case on various grounds. Seeking honest and sincere advice backed by experience is paramount when selecting a divorce advocate.

Impactful Advocacy: Shaping the Divorce Process

Finding a divorce lawyer in Delhi can be a daunting task without proper guidance. Rajal Rai Dua, with 20 years of experience in handling numerous divorce cases, prioritizes the client’s well-being and strives to secure their interests through effective legal strategies and evidence presentation. The legal team ensures that clients are well-informed and guided through the process, aiming for a positive outcome and safeguarding against unfavorable consequences.

Finding a Divorce Lawyer in Delhi.

Matrimonial cases, at times, can lead to serious legal implications, including incarceration. Advocate Rajal Rai Dua‘s legal team ensures that clients receive the best legal advice on divorce matters, offering guidance through the process to achieve a positive outcome and avoid adverse consequences. Advocate Rajal Rai Dua excels in cases related to child custody, alimony and maintenance, domestic violence leading to separation, anticipatory bail, 498 A Cr.P.C, etc. With the presence in family courts across Delhi, Advocate Rajal Rai Dua is a reliable choice for those seeking a hassle-free legal experience in divorce matters.

Advocate Rajal Rai Dua serves as a torchbearer for individuals who feel betrayed within the sanctity of marriage, offering a smooth departure and the prospect of a peaceful future. Connecting with him ensures that, as the best divorce advocate in Delhi, India, he advocates for your best interests, allowing you to navigate the process with assurance and peace of mind.

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