Divorce Lawyers in Chandigarh

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  • The institution of marriage has underwent many changes as to its societal and legal form. While a beautiful alliance for most, for some it can turn out to be a painful ordeal. While the facts may vary from, our divorce lawyers in Chandigarh can be consulted if facing any of the following issues are there in a marriage:

    • Lack of compatibility (Divorce by Mutual Consent)
    • Adultery/ infidelity
    • Cruelty
    • Fraud/ Misrepresentation
    • Conviction with an offence of moral turpitude
    • Unreasonable desertion/ abandonment (for a period of over 2 years)
    • Impotence
    • Venereal disease
    • Conversion to a different religion (without the consent of the partner)
    • Renouncement of world and worldly desires.
    • Presumption of death (7 years of no whereabouts of the spouse)

    Whatever may be the reason, the process of divorce involves a multitude of challenges, and with a proficient team of some of the best divorce lawyers in Chandigarh, we strive to bring ease to the client while advancing right guidance and observing effective legal remedies for their cause.

    Divorce Lawyers in Chandigarh

    When to Seek Advice from a Divorce Lawyer?

    The common tendency – to keep sitting on a problem until it gets bigger leads to complications such as ending up in false and frivolous litigation. One must remember that although 100% fairness cannot be expected from life (let aside another human), at the same time, there are acts that one cannot. So when a spouse (or any of their family members) commission an act that cannot be condoned (at least without legal intervention) it becomes important to take the right legal advice and adopt an effective recourse.

    Acts Which May Not Be Condoned:

    • Act of Crime including but not limited to act of cruelty such as physical violence/ abuse
    • Repeat acts of emotional abuse.
    • Dowry Mongering – direct or indirect.
    • Repeated inordinate demands, or financial expectations
    • Compulsive unreasonable separation of the only son from dependent parents
    • Non-consummation of marriage
    • Unreasonable withdrawal from conjugation
    • Mental and emotional abuse including character assassination
    • Unreasonable restrictions
    • Substance abuse, gambling, etc.
    • Cheating, Compulsive lying, manipulation, and Gaslighting
    • Repeat acts of excessive rage and dominance.

    If a conflict out of disagreement is given an ugly turn and threats are extended – of any kind of harm wrongful persecution, one should consider consulting a divorce lawyer immediately, to know their options to save from frivolous litigation. While at a nascent stage of a dispute, documented mediation, reconciliation and marital counseling can effectively help resolve, however, a delay may cause these recourses to lapse leading to further escalation of the dispute or sufferings.

    Stepwise Divorce Procedure in Chandigarh?

    The process varies with the nature of parties and their relationship, and also on the type of divorce – mutual or contested. Both have separate processes and, of course, a mutual divorce process is any day easier and less time-consuming.

    Stepwise Procedure of Obtaining Mutual Divorce in Chandigarh

    Step 1:

    • Attempt for Mediation & Reconciliation.

    Step 2:

    • Settlement on Terms
    • Drafting of the Deed of Settlement
    • Drafting of Divorce Petition

    Step 3:

    • Filing of Divorce Petition & Recording of first Motion Statement

    Step 3 A:

    • Depending on the circumstances of the case, an application to dispense away with the mandatory cooling-off period of 6 months can be preferred and pleaded.

    Step 4:

    • Affirmative statement on second motion.
    • Obtaining the certified copy of the decree.

    Stepwise Procedure of Contested Divorce in Chandigarh

    *The steps in contested divorce may not be as objective as in mutual. The following is a general idea and actual steps may vary from case to case.

    Step 1

    • Consultation and Submission of Narration.
    • This helps the spouse to understand their legal rights and options and also to know the modalities of the procedure to be followed.

    Step 1 A

    Based on facts and circumstances revealed via narration:

    • Attempt for Mediation & Reconciliation.

    If there is an intent and possibility of reconciliation, it should be thoroughly explored. Including a possibility of Restitution of Conjugal Rights

    Step 2

    • Notice for Divorce – to be served upon the other party after looking into the facts and circumstances.
    • Drafting of Grounds for Divorce (Petition) along with relevant annexures in support.

    Step 3

    • Filing of petition for Divorce. Along with prayer of interim relief, if any.

    Step 4:

    • Reply on Interim, followed by arguments and adjudication on interim application.
    • Respondent’s Reply and petitioner’s replication to reply if needed.

    Step 5

    • Petitioner’ evidence and cross-examination

    Step 6

    • Respondent’s evidence and cross-examination

    Step 7

    • Final arguments followed by judgment and order of the court.

    Our Approach in Divorce Cases

    The firm prefers a proactive approach in matrimonial and divorce cases for its clients and extends responsible dealings. The protocols and ethical culture distinguish our lawyers from the ilk and they are sought by elite global clientele for prominent divorce matters in Chandigarh and Tricity region. The lawyers work closely with clients on intricate details to strategize the most time and cost-effective recourses. With an experience of over 38 years and unparalleled expertise in the field, Mrs. Bhandari heads our team of divorce lawyers in Chandigarh. Under her able guidance, a dedicated full-time team of law-researchers, draftsmen, and pleaders work to advance the interest of the client. RECOURSES

    Divorce Law Domain

    Why clients choose us for divorce matters in Chandigarh?

    • Professionalism, culture & transparency in dealings.
    • Exemplary service motive.
    • Strict adherence to the culture deck & the code of conduct.
    • Unfettered problem-solving attitude.
    • Disciplined hard-work.
    • Unbiased, unprejudiced & dedicated support.
    • Honest advisory & loyal representation.
    • Reputed & intellectually competent law practitioners.
    • Strong emphasis on research, drafting & oratory skills.
    • Constant pursuit for excellence.
    • Rational and transparent billing policy.
    • Proven track record and a commanding reputation.
    • +37 years of trust & excellence.

    FAQ (Related to Divorce)

    Can a financially weaker spouse get a pro-bono divorce lawyer through the government?

    Yes. For this one can go the Women Cell, or approach the District Legal Authority of their area.

    Can I fight my divorce case in India without Hiring a Lawyer?

    Yes, every citizen is entitled to the right to fight their case in India but with the discretion of the court. However, as the legal procedure has many complications and ambiguities that a common man is not able to easily surpass without losing a lot of time, therefore, hiring a professional and expert divorce lawyer proves to be a wise choice.

    Is there any way to avoid expensive and protracted divorce proceedings in India?

    When both parties are agreeing on ending a marriage, the process can be less hectic, less protracted, and less expensive as well. Divorce with mutual consent is the option that can provide an early relief when compared to a contested one. However, to save from going the wrong direction of stereotype and false allegations, one must choose a smart but ethical lawyer to advise them.

    What is the Fastest Way to Get Divorce in India?

    Divorce by Mutual Consent is the fastest and reliable way to get a divorce. It takes about 6 months. Basically 6 months is the time gap mandated by law as a cooling-off period between the two motions of a divorce proceeding. However, if the parties have a long history of fights, and failed reconciliation attempts, then an application may be filed by the parties jointly praying for the waiver of such a period of six months.

    Can my Husband take Divorce without my Consent?

    No. Your husband, of course, cannot obtain a mutual divorce without your consent. However, the Divorce Law under the Hindu Marriage Act or any other Act in India has provided grounds of divorce, which, if established, can lead to a grant of divorce. Such divorce proceedings are commonly referred to as contested divorce proceedings.

    What to do if the other Spouse is not responding to the Divorce Petition?

    If one is thinking to ignore the divorce petition is a way to avoid the divorce decree, let us make this very clear that this is actually helping the petitioner. Because in case the other spouse is not replying to the divorce petition, the petitioner can ask for final hearing on the grant of divorce decree through default judgment and the court may choose to proceed ex-parte.

    Can 6 Months Cooling-off Period be waived?

    Cooling off period is a kind of resort for the estranged couple to rethink their decision. However, the Hon’ble Supreme Court in a Landmark judgment (Amardeep Singh vs. Harveen Kaur) in September 2017 noted that the cooling-off period could be waived after evaluating every aspect of the relation being irretrievable so as to avoid future agonies to the couple. Hence after in light of the judgment mentioned, an application may be made before the adjudicating court under a compelling circumstance where the marriage has irretrievably broken down and sufficient attempts of reconciliation have failed.

    What is the Average Cost of Filing a Divorce Case in India?

    The cost of a divorce case entirely depends upon the choice of the divorce lawyer and type of divorce one is seeking. Taking the help of an expert divorce attorney in the legal industry is surely going to cost higher. If both parties agree on the dissolution of marriage, expenses can be reduced. The process is financially more draining when any case is contested be it divorce, child custody, or maintenance, etc.

    Can any of the Family Member File a Divorce Petition?

    No, a family member cannot file the divorce petition for divorce in India. Indian Penal Code clearly states that only the spouses can file for the divorce otherwise the plea can be rejected.

    Can an NRI Spouse File Divorce Case in India?

    The spouses of marriages that are recognized by the Indian Civil Court can file for marriage dissolution in India.

    Is Mediation a Process to Restitute the Healthy Relations between the Estranged Couple?

    Mediation is actually a process to mutually settle the differences between the spouses on various issues such as behavior, property distribution, visitation rights, child custody, alimony, and maintenance, etc. by reaching a mutually acceptable solution. That can act in both ways i.e. divorce mediation (deciding divorce issues and settling them) and marital mediation (fixing the issues and staying married) through the help of a neutral third party.

    Can a Spouse remarry after Judicial Separation?

    No, a couple who is separated but not divorced, cannot remarry. Because they are still married in legal terms. In order to perform a remarriage, a divorce decree is mandatory.

    Can a Husband Get Maintenance from His Wife?

    Yes, a husband can also seek maintenance from his wife. But it is only provided when the court finds the husband is thoroughly incapable of maintaining himself and depends on the wife. Besides that, this benefit is only entitled to the marriages registered under the Hindu Marriage Act. Section 24 of HMA, 1955 defines the provision of maintenance for husband or wife. In marriages registered under the Special Marriage Act, only the wife has the right to claim maintenance or alimony.

  • Judicial Separation in Lieu of Divorce

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    Divorce Procedure in India

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    Mediation in Divorce

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    Women’s Rights during and after Divorce in India

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    498A Use and Misuse

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    Types of Divorce in India

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    Legal Grounds For Divorce in India

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    Easy Way To Get Divorce In India/ Mutual Divorce In India Takes How Long

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    Hindu Marriage Act Divorce Procedure

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    Maintenance Under Section 125 CrPC

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    Divorce By Mutual Consent

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    False Dowry Cases : Undue Harassment of Men

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    Restitution of Conjugal Rights

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    Overview In general, conjugal rights are the rights that are provided to married couples in relation to their sexual relations during the su

    Inheritance in Muslim Law

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    Grounds for Divorce under the Hindu Marriage Act

    Divorce is the legal dissolution of marriage by a court or other competent body. It is the ending of the marital relationship. India is a la

    Marriage under Muslim Law

    Marriage under Muslim Law is different compared to other marriages as it is more of a contract. Marriage is generally a union of male and fe

  • Priya Prabhakaran & Anr. Vs D Santhosh Kumar & Ors.

    Supreme Court of India  Year : 2019

    M. Narasimha Reddy and Ors. vs M. Boosamma

    Andhra High Court  Year : 1975

    Manisha Tyagi vs. Capt. Deepak Kumar

    Supreme Court of India  Year : 2010

    Chander Bhan & Anr. Vs. State of Delhi

    Delhi High Court  Year : 2008

    Amardeep Singh Vs. Harveen Kaur

    Supreme Court of India  Year : 2017

    Danial Latifi & Anr vs Union Of India

    Supreme Court of India  Year : 2001

    Tejalben V. Mihirbhai Bharatbhai Kothari

    Supreme Court of India  Year : 2016
  • Husband’s income Affidavit for Matrimonial Cases

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    The Punjab and Haryana High Court, through its order dated 7 January directed the Family Courts across Punjab, Haryana, and Chandigarh to insist on an

    Divorced woman cannot seek monetary relief from ex-husband – Gujarat HC

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    The Gujarat HC held that a woman once divorced can’t seek monetary relief from her former husband under the Protection of Women from Domestic Violen

    A woman can’t be evicted for the shared household during the pendency of DV case – Delhi High Court

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    On 18 December the Delhi HC held that a woman fighting a Domestic Violence case cannot be evicted from the shared household, which she has been sharin

    Wife divorced on proven charges of adultery cannot claim for maintenance – Bombay HC

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    On 18 December, the Bombay High Court held that a wife, divorced on the ground of adultery having been proved against her, is not entitled to maintena

    Husband to Pay the Equivalent Market Value to Wife, on His Failure to Return the Gold Ornaments – Supreme Court

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    The Supreme Court on 6 December, held that a wife is entitled to receive the prevailing market value of gold if the husband fails to return her gold o

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    The Supreme Court held that it has the power to invoke Article 142 of the Indian Constitution, to dissolve marriages which have no scope of reconcilia