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Best Divorce Lawyer in Delhi

Best Divorce Lawyer in Delhi

BEST DIVORCE LAWYER IN DELHI

Best Divorce lawyer in  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.

DIVORCE

Traversing the divorce process presents inherent challenges, particularly in confronting unfamiliar legal procedures. Maintaining a poised and professional demeanor becomes pivotal, steering clear of emotional reactions during trials and cross-examinations by opposing entities. Seeking counsel from a seasoned divorce lawyer, esteemed for their courtroom prowess, offers invaluable guidance in navigating intricate legal protocols, ensuring your best interests remain safeguarded throughout this intricate journey.

In India, a considerable portion of divorce cases find resolution through mutual agreement. Yet, for the remaining instances, clients pursue contested divorces that necessitate court trials. The emotional toll of divorce proceedings is profound, impacting not just the individuals directly involved but also entangling their families in the process.

Prior to concluding a divorce, both parties must attend to legal considerations, including child custody, equitable division of assets, and arrangements for alimony or maintenance payments. We understand that navigating a divorce is a profoundly distressing experience, leading to a myriad of concerns and sleepless nights, such as:

1.Will my divorce be granted approval?

2.How long will the process endure?

3.Regarding maintenance and alimony, what are the terms and amounts?

4.What lies ahead for the future of my child?

If you harbor inquiries or apprehensions about initiating divorce proceedings, it’s crucial to seek counsel from Best Divorce Lawyer in Delhi , Rajal Rai Dua, a prominent Divorce Lawyer in Delhi. With his profound expertise and seasoned experience, he offers crucial guidance and support in navigating the complexities and emotional challenges inherent in post-divorce scenarios. Trust in his capabilities to effectively facilitate your transition.

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.

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.

CRUELTY IN DIVORCE CASES

A spouse can seek a divorce if they suffer any mental or physical harm that endangers their life, limb, or health. In cases of mental torture, cruelty is not judged based on a single act but on a series of incidents. Examples include denial of food, continuous ill-treatment, abuse for dowry, and perverse sexual acts.

The Hindu Marriage Act, based on the Vedas, originally stated that once married, a couple cannot separate. However, the Act includes provisions for divorce in Section 13. Grounds for divorce range from adultery to cruelty, and even renouncement of the world by entering a religious order is included.

Before an amendment, cruelty was a ground for judicial separation but not divorce. After the amendment, cruelty became a ground for both. Section 13(1)(a) of the Hindu Marriage Act mentions cruelty without specifying whether it is mental or physical. Courts have interpreted it broadly to include both, focusing here on mental cruelty.

Mental cruelty cannot be exhaustively defined. In the landmark case Dastane v. Dastane, the Supreme Court stated that the respondent’s conduct must cause reasonable apprehension in the petitioner’s mind about living with them. Unlike in England, where cruelty must be proved, in India, reasonable apprehension is enough.

Following the amendment, there was an increase in divorce applications citing mental cruelty, requiring courts to define it. As Lord Pearce noted, cruelty is when conduct or departure from normal kindness causes injury to health or apprehension of it, and a reasonable person would agree that the spouse should not endure it.

In the case of Samar Ghosh v. Jaya Ghosh, the Supreme Court attempted to list examples of what could be considered as mental cruelty. However, these examples were merely illustrative and not comprehensive.

  • If the pain and suffering in a marriage are so bad that the couple can’t live together, it might be mental cruelty.
  • If one spouse’s behavior is so bad that it’s unreasonable to expect the other to keep living with them, it might be mental cruelty.
  • Coldness or lack of affection alone isn’t enough, but frequent rudeness, petulance, indifference, or neglect that makes married life unbearable for the other spouse might be mental cruelty.
  • Mental cruelty is a state of mind. If one spouse feels deep anguish, disappointment, and frustration because of the other’s behavior for a long time, it might be mental cruelty.
  • If one spouse consistently abuses or humiliates the other to make their life miserable, it might be mental cruelty.
  • If one spouse’s unjustifiable behavior affects the other’s physical and mental health significantly, it might be mental cruelty.
  • Continuous reprehensible conduct, neglect, or indifference that causes mental harm or shows a lack of kindness in marriage might be mental cruelty.
  • Jealousy, selfishness, or possessiveness that causes unhappiness and emotional upset might not be enough for a divorce due to mental cruelty.
  • Small irritations, normal quarrels, and everyday issues in married life might not be enough for a divorce due to mental cruelty.
  • The whole marriage should be considered, not just a few isolated instances. If the relationship has deteriorated to the point where one spouse finds it extremely difficult to live with the other, it might be mental cruelty.
  • Undergoing sterilization or abortion without the other spouse’s knowledge or consent might be mental cruelty.
  • Unilaterally refusing intercourse for a long time without a valid reason might be mental cruelty.
  • Deciding not to have children after marriage without the other spouse’s agreement might be mental cruelty.
  • Long periods of continuous separation might indicate that the marriage is beyond repair and continuing it may be mental cruelty.
REPEATED FILLING OF CRIMINAL CASES IS CRUELTY

Further  a three bench of Supreme Court in Naveen Kohli v. Neelu Kohli held that repeatedly filing of criminal cases by one party against the other in a matrimonial matter would amount to cruelty and the same was reiterated by a Division Bench of Supreme Court in K. Srinivas Rao v. D.A. Deepa.

CONTINUITY OF IRRETRIEVABLE BROKEN MARRIAGE SPELLS CRUELTY ON BOTH PARTIES

“In our considered opinion, a marital relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides. To keep the façade of this broken marriage alive would be doing injustice to both the parties. A marriage which has broken down irretrievably, in our opinion spells cruelty to both the parties, as in such a relationship each party is treating the other with cruelty. It is therefore a ground for dissolution of marriage under Section 13 (1) (ia) of the Act.”

SHRI RAKESH RAMAN versus SMT. KAVITA, CIVIL APPEAL NO. 2012 OF 2013,SC

DEFEMATION ON SOCIAL MEDIA, CHARACTER ASSISINATION ARE INSTANCES OF MENTAL CRUELTY

The Hon`ble Patna High Court in Miscellaneous Appeal No. 205 of 2023 titled as ALOK BHARTI VS JYOTI RAJ , held that :-

“The initiation of criminal proceedings, domestic violence and giving complaint to appellant’s employer which has tarnished the image of the appellant at his working place. Character assassination of adultery, fornication and alleging that appellant and his mother are involved in soliciting prostitution. These are the elements of cruelty and it has hurt mentally to the appellant. The Family Court has not taken note of the fact that respondent’s intention was not to join her husband in the light of three cases initiated against her husband and she has admitted certain allegations made in the litigations were at the instigation of her Advocate. If it is so, she should have immediately shown concern in withdrawing those allegations. Even to this day, she has not made any efforts to withdraw those allegations. In other words, she has adhered to the arm twisting method instead of resolving in a polite manner. Further it is to be noticed that they are living separately from 04.06.2015 and we are in the month of December, 2023. The appellant is not willing to condone the lapses or allegations levelled by the respondent, even though respondent is prepared to give up her allegations at this hour. The leveling of false allegation by one spouse to the other having alleged illicit relations with different persons outside the wedlock amounted to mental cruelty. In the present case, respondent – wife alleged allegations before the employer of appellant and in the domestic violence allegations of soliciting prostitution by appellant and his mother and appellant involved in adultery and fornication etc. Respondent admitted those allegations are at the instigation of her advocate and they are not true. Social torture by anyone of the spouses to the other, found to be as the mental torture and cruelty. Respondent harassing appellant in filing false cases of domestic violence and she has admitted certain allegations are false and such behaviour amounts to cruelty. It is also sufficient that if the cruelty is of such type that it becomes impossible for spouses to live together. Therefore, it is a marriage irretrievably broken down during the period from 04.06.2015 to this day in the light of institution of criminal proceedings, domestic violence and complaint to the employer.”

LIVING WITH ANOTHER WOMEN DURING DIVORCE PROCEEDINGS DOESNT DISENTITLE THE HUSBAND FROM DIVORCE ON THE PROVEN GROUNDS OF CRUELTY-DELHI HIGH COURT

Hon`ble High Court of Delhi in MAT. APP .(F.C) 236/2018 held that “As such long years of separation with no possibility of re-union, the respondent- husband may have found his peace and comfort by living with another woman, but, that is a subsequent event during the pendency of the Divorce Petition and cannot disentitle the husband from divorce from the wife on the proven grounds of cruelty.”

MISUSING COMPLAINT UNDER SECTION 498A IPC IS CRUELTY

The Chhattisgarh High Court recently in Dr. Ramkeshwar Singh vs Smt. Sheela Singh” , FAM No.94 of 2013, stated that the report under Section 498-A of the IPC (Indian Penal Code) should not be misused to target the husband’s entire family to settle personal scores in marital disputes.

The bench, comprising Justice Goutam Bhaduri and Justice Rajani Dubey, made this observation while granting a divorce decree to the husband. The court noted that the marriage had irretrievably broken down and could not be repaired. 

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.

FAQ`s

What is the typical duration for obtaining a divorce in India?

The timeline for obtaining a divorce in India varies based on factors like divorce type and legal processes, ranging from several months to a few years.

Is it possible for a wife to seek maintenance without going through the divorce process?

Certainly, a wife can seek maintenance independent of divorce through legal avenues like Section 125 of CrPC/ Section 144 of Bhartiya Suraksha Sanhita 2023. Specific options vary by jurisdiction, necessitating consultation with a legal professional for personalised guidance.

Is it permissible to marry after initiating the divorce proceedings?

No, Legally, remarrying without obtaining a divorce from the first marriage is invalid and not binding. It’s essential to dissolve the first marriage through a court decree before entering into a second marriage.

What if the wife declines to grant the requested divorce?

If the wife declines to grant the requested divorce, legal proceedings may be necessary, and the court will assess the situation, considering various factors before making a decision on the divorce petition.

What factors determine the grant of child custody?

Child custody in India is determined by factors including the child’s welfare, age, and preferences. The court assesses parents’ financial stability, moral character, and the ability to provide a suitable environment. It also considers the willingness of parents to facilitate the child’s relationship with the other parent, aiming to serve the child’s best interests.

Can the father obtain custody of the child in legal proceedings?

Yes, in India, the father can obtain custody of the child through legal proceedings. The court considers various factors, including the child’s best interests, the father’s ability to provide a stable environment, financial capability, and willingness to promote the child’s well-being. Custody decisions may vary based on the specific circumstances of each case.

How much time does obtaining anticipatory bail in 498A cases require?

The duration to secure anticipatory bail in 498A cases varies based on legal processes, court schedules, and case specifics. Typically, the process takes days to weeks, subject to variation.

Is bail possible in cases related to Section 498A?

Yes, bail is possible in cases related to Section 498A of the Indian Penal Code. Individuals accused under Section 498A, which deals with cruelty towards a married woman, can apply for bail. The decision on bail depends on various factors, including the specific details of the case, evidence presented, and the court’s assessment of the situation?

Is it possible to file a divorce case while residing outside India?

Yes, it is possible to file a divorce case while residing outside India.

Is it permissible to leave the country after initiating the divorce process?

In India, it is generally permissible to leave the country after initiating the divorce process. However, it’s essential to consider any court orders or legal obligations related to the divorce proceedings.

What are the lawyer's fees for a divorce case?

The lawyer’s fees for a divorce case can vary significantly based on various factors, including the complexity of the case, the location, the lawyer’s experience, and the services provided.

Does dating while undergoing a divorce constitute adultery in legal terms?

Legally, engaging in a sexual relationship outside of marriage constitutes adultery under Indian Divorce Laws. Merely being friends without proof of physical intimacy doesn’t technically qualify. During your Divorce, it’s advised to limit public interactions and avoid any imprudent actions.

What are the Do`s & Don’ts during Divorce proceedings?

During divorce proceedings in India, some general do’s and don’ts to consider include:

Do’s:
1. Consult with Best Divorce Lawyer: Seek advice from a qualified family law attorney to understand your rights, responsibilities, and legal options.
2. Maintain Documentation: Keep records of important documents, financial statements, and  communication relevant to the divorce.
3.Follow Court Orders: Adhere to any court orders or directives issued during the divorce process.
4.Communicate Effectively: Maintain clear and respectful communication, especially if children are involved. Consider mediation or counseling if necessary.
5.Prioritize Children’s Welfare: Focus on the best interests of any children involved. Cooperate with arrangements related to custody and visitation.
 
Don’ts:
1.Avoid Retaliatory Actions: Refrain from taking retaliatory actions or making impulsive decisions out of anger or frustration.
2.Avoid Hiding Assets: Be transparent about financial matters and avoid hiding assets, as this can negatively impact the divorce settlement.
3.Minimize Public Exposure: Limit public discussions about the divorce on social media or in public forums to maintain privacy and avoid complications.
4.Don’t Violate Court Orders: Follow court orders diligently and avoid any actions that may lead to contempt of court.
5.Avoid Verbal or Physical Abuse: Refrain from engaging in verbal or physical abuse, as it can have legal consequences and impact the divorce proceedings. Remember, these are general guidelines, and specific advice may vary based on individual circumstances.
 

Which party should initiate the filing for divorce first?

The decision of which party should initiate the filing for divorce depends on the specific circumstances of the situation. There is no strict rule dictating whether the husband or the wife should file for divorce
first. Here are some considerations:

1.Grounds for Divorce: The party who believes they have valid grounds for divorce, such as cruelty, adultery, or abandonment, may choose to initiate the process.
2.Legal Strategy: Sometimes, the initiating party may have strategic reasons for filing first, such as choosing a jurisdiction favorable to their case.
3. Children’s Welfare: If children are involved, the party more focused on the children’s welfare may choose to initiate divorce proceedings.
4. Financial Considerations: The party with significant financial concerns or assets may choose to initiate the divorce to have more control over financial matters.
5. Communication: Open communication between the spouses can also lead to a mutual decision on who should file first, especially in cases of uncontested or amicable divorces. It’s advisable for both parties to seek legal advice before making a decision. Consulting with Best Divorce Lawyer can help individuals understand their rights, responsibilities, and the potential implications of initiating or responding to a divorce petition.

What steps should a woman take to prepare for divorce proceedings?

Preparing for divorce proceedings involves careful consideration of legal, financial, and emotional aspects. Here are steps a woman may consider:
1. Consult with an Attorney:
– Seek advice from a family law attorney to understand rights and options.
2. Gather Important Documents:
– Collect financial records, property documents, and other relevant paperwork.
3. Assess Finances:

– Evaluate individual and joint financial situations, including assets and debts.
4. Establish Credit:
– If not done already, establish an individual credit history.
5. Understand Child Custody Laws:
– Familiarize yourself with child custody laws if children are involved.
6. Prioritize Children’s Welfare:
– Focus on the best interests of the children when making decisions.
7. Explore Support Networks:
– Seek emotional support from friends, family, or support groups.
8. Consider Mediation or Counseling:
– Explore options for mediation or counseling to facilitate communication.
9. Secure Valuables:
– Safeguard important possessions and valuable items.
10. Plan for Living Arrangements:
– Consider housing options and make plans for living arrangements.
11. Update Legal Documents:
– Review and update wills, insurance policies, and other legal documents.
12. Understand Rights and Responsibilities:
– Gain clarity on legal rights, responsibilities, and potential outcomes.
13. Keep Emotions in Check:
– Try to manage emotions during the process and focus on practical aspects.
It’s important to note that each divorce case is unique, and the specific steps may vary based on individual circumstances.

What is the process to obtain Divorce by way of Mutual Consent?

Obtaining a divorce by mutual consent involves a specific legal process in India
1.Drafting the Petition:
– Both parties, along with their lawyers, draft a joint petition for divorce, including details such as the terms of the separation, division of assets, and child custody arrangements if applicable.
2.Filing the Petition:
– The joint petition is filed at the family court having jurisdiction over the parties’ residence. Both spouses must sign the petition.
3.First Motion in Court:
– Both parties appear before the court, and the petition is verified. The court may direct the couple to undergo counseling if deemed necessary.
4.Cooling-Off Period:
– The court imposes a mandatory six-month cooling-off period, during which the spouses may reconsider their decision. This can be shortened in certain cases. Kindly refer to Our Blog on Mutual Consent.
5. Second Motion in Court:
– After the cooling-off period, both parties appear in court for the second motion. They confirm their intention to proceed with the divorce. The court may ask questions to ensure mutual consent.
6.Issuance of Decree:
– If the court is satisfied with the consent and there are no objections, it may grant a decree of divorce, officially ending the marriage.

For Detailed procedure , kindly refer to Our Blog “Divorce by way of Mutual Consent”
17. What are the grounds for applying Divorce under Hindu Marriage
Act`1956?
Please refer to Our page “Divorce
18. What are the grounds for applying Divorce under Special Marriage
Act`1954?
Please refer to Our Page “Divorce

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