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Best Divorce Lawyer in Shalimar Bagh Delhi

Best Divorce Lawyer in Shalimar Bagh

BEST DIVORCE LAWYER IN SHALIMAR BAGH

Best Divorce Lawyer in Shalimar Bagh, Advocate Rajal Rai Dua, a prominent legal professional and the driving force behind Dua’s & Dua’s, Advocates & Consultants, has specialized in handling Divorce, Domestic Violence, and Child Custody cases since 2004. His deep comprehension of India’s intricate legal framework has resulted in the successful resolution of numerous complex divorce cases. Serving clients across Delhi, the esteemed team at Dua’s & Dua’s, Advocates & Consultants possesses extensive expertise in family law, adeptly navigating the intricate legal nuances that significantly impact 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.

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.

JURISDICTION IN MAINTENANCE MATTERS U/S 125 CR.P.C

As per Section 126(1) of Criminal Procedure Code  , the maintenance petition can be filed at 3 place and in jurisdiction where Wife resides, the  expression “resides” implied something more than a brief visit but not such continuity as to amount to domicile. A casual or flying visit to a place for a temporary  purpose was not covered by the word residence. The sole  test on the question of residence was  whether  a party had animus manendi or an intention to stay for an in-definite period at the place.

The crucial words of the sub-section are, “resides”, “is” and “where he last resided with his wife”. The present Jurisdictional clause gives three alternative forums and the first word is “resides”. The wife can file a petition against her husband for maintenance in a Court in the District where he resides. In the Oxford Dictionary it is defined as : “dwell permanently or for a considerable time; to have one’s settled or usual abode ; to live in or at a particular lace”. The said meaning, therefore, takes in both a permanent dwelling as well as a temporary living in a place. It is, therefore, capable of different meanings, including domicile in the strictest and the most technical sense and a temporary residence. Whichever meaning is given to it, one thing is obvious and it is that it does not include a causal stay in, or a flying visit to, a particular place.The word “resides” implied something more than a brief visit but not such continuity as to amount to a domicile. Infact a mere casual residence in a place for a temporary purpose with no intention of remaining is not covered by the word “resides”. Infact the expression “reside” implied something more than “stay” and implied some intention to remain at a place and not merely to pay it a casual visit. Further, the sole test on the question of residence was whether a party had animus manendi, or an intention to stay for an indefinite period, at one place; and if he had such an intention, then alone could he be said to “reside” there.

The Hon`ble Delhi High Court in similar facts allowed the appeal of the husband on the grounds of jurisdiction and the matter is reported as  Narayana Bala Bharathi vs Vishal Gagan on 22 October, 2013 whereby Hon`ble High Court of Delhi discussed the jurisdictional law as follows:-

Para 11.      “On the facts of this case, it is not disputed that the wife received the summons while in Delhi. Neither is it disputed that she held accommodation at the time of presentation of the petition Government Quarter No. 67, Type IV, Nivedita Kunj, Sector-10, R.K. Puram, New Delhi, nor that her son was studying in New Delhi at the time. However, as letter No. 7/C-III/2009 (01)-1248, issued by the Ministry of Home Affairs, Government of India, on 19th March, 2012 notes, Ms.Bharathi had “been transferred from Delhi to Bangalore since October 20, 2011.” The residence that is relevant under Section 19 is that of wife, and not of her son or her mother, and thus, the fact – as the husband argues – that they resided in Delhi does not affect the Court‟s determination. As the Supreme Court noted in Bhagwan Dass and Another v. Kamal Abrol and Others, (2005) 11 SCC 66, in considering the scope of „residence‟ under Section 19:

“10…………………….The actual residence means the place where the person is residing actually at a given point of time …………………… his actual residence will be the place where he is presently residing and coupled with the fact of animus manedi or an intention to stay for a considerable period…………………………”

Para 12.      In this case, it is not disputed by the husband that the wife, at the time of presentation of the petition, (which is crucial under the terms of Section 19), had been transferred to Bangalore and was physically residing there. The mere fact that she visited Delhi to meet her son does not translate into residence. Rather, the fact that she was working in Bangalore, and, in the absence of any contrary proof, intended to work in Bangalore for the coming future, clearly points to her residence in Bangalore. Here, the fact that she may have previously resided in Delhi does not have a bearing on the question as long as it is established that as on the date of the presentation of the petition, she had transferred her residence to Bangalore with no animus or intention to return to or stay in New Delhi. The Family Court`s view that she had a „permanent abode‟ in New Delhi, thus, is an incorrect finding. As the Supreme Court noted in Bhagwan Dass, one who resides in a place must be distinguished from “one who merely works in a certain locality or comes casually for a visit and the place of work or the place of casual visit are different from the place of ‘residence’.” In order for that distinction to have any meaning on the facts of this case, it must be held that the wife does not reside in New Delhi, but rather in Bangalore.”

Regarding the place of institution and adjudication of the maintenance proceeding, it is indicated therein that such proceeding can be taken against any person in any district, inter alia, where the wife resides. And to constitute ‘residence’, it is not necessary that the party or parties must have his or their own house; to constitute ‘residence’, the stay need not be permanent; it can also be temporary, so long as there is animus manendi or an intention to stay for an indefinite period; “Residence” will not take in a casual stay in, or a flying visit to a particular place; a mere casual residence in a place for a temporary purpose, with no intention of remaining, is not covered by the word ‘reside’; “Residence” connotes something more than stay; it implies some intention to remain at a place, and not merely to pay it a casual visit;

The expression “last resided” also means the place where the person had his last abode or residence, permanent or temporary; Where there has been residence together of a more permanent character, and a casual or brief residence together Courts have taken the view that it is only the former that can be considered as “residence together” for determining the jurisdiction.

 

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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