Divorce Lawyers in Chandigarh

Marriage – the most beautiful and sacred alliance of life, can turn in to a disaster when there is less compatibility between the two. An unhappy marriage can be draining mentally as well as physically for which divorce is the right step. And if you are looking for the best divorce lawyers in Chandigarh, B&B Associates is having an impeccable set of legal services. Diligence and integrity towards work are not only key competencies our lawyers are having. They are specialized in their field of dealings and the list of senior divorce lawyers in Chandigarh is having our lawyers on top.

With the advent of time, the institution of marriage has undergone many changes as to its legal, societal and moral validity. But is still evolving to befit the evolution of society. While going through the challenging court process of Divorce, or the process of Mediation, Reconciliation, and settlement, litigants wish to have the top Divorce Lawyer in Chandigarh to their aid and support.

CONSULT OUR TOP DIVORCE LAWYERS IN CHANDIGARH

Whether you are yearning for the right legal advice for your matrimonial issues or if you just want a relieving end to that unhappy marriage, all you can do is just enter your details over here. And then you can find the top divorce lawyers in Chandigarh for resolving your matter without much wastage of time and resources. Our expert divorce advocates are veteran in the specialized fields.

Fill your details to get the best divorce lawyers, advocates, and legal advice in Tricity.

OUR DIVORCE LAWYERS IN CHANDIGARH DON’T PLAY HOME-BREAKERS UNLESS THERE IS A DIRE LEGAL NECESSITY.

Every week our leading matrimonial lawyers of Chandigarh are engaged in a shockingly large number of marital disputes. Astonishingly, the number is drastically increasing and it urges us to delve into the majorly quoted underpinned issue called – ‘incompatibility’! A fruity word, isn’t it? The word which has become a phenomenon in the last few decades.

Humans have been incompatible with one another. Human history is that of bloodshed, mass-violence, and war. And so it seems that the world is a bad bargain in lieu of un-affordability of tolerance towards reasonable human-fallibilities. Much goes to the flimflam and the media-perfect idealization & the pseudo surge in ‘awakening’. The institution of marriage has been pushed to the brink of extinction. Besides, acceptance of divorce and the fashion of vindictive-assault by leveling false criminal charges has introduced a new dimension to the intellectual care-free freedom.

We are not suggesting that one should tolerate evil. The entire concept of law is based on the rejection of evil, and we wouldn’t advocate against it. However, one should permit human fallacies and not take an offense where it’s not due and especially where it isn’t even intended. If everything wrong has to be evil, so is an exaggerated reaction, and of course, vengeance.

A SUGGESTION FROM OUR BEST DIVORCE LAWYERS IN CHANDIGARH:

The rightful suggestion is to attempt Mediation & Reconciliation between the parties because it is extremely difficult to even know where the fault started in a relationship. Even more difficult, is to attribute all fault to one person. Besides, digging the grave is likely to do more harm than any good. The only effective measure is to cruise the parties out of the situation of discord. In simple words, attempts must be made to help the couple sort out their differences. Alternate remedies can also be suggested such as therapies, psychiatric help, expert marriage counseling, etc.

Marriage-Dispute-Settlement

Divorce is not a tragedy, instead of staying in an unhappy marriage is a real tragedy. There are thousands of unhappy marriages in India but just due to societal pressure and influence, they have to stay in there for a lifetime. But there is no shame in taking legal advice for such matters. That is good that you are looking for best divorce lawyers in Chandigarh. A seasoned and expert divorce advocate will do thorough research work on your matter. And then if there is a need for legal advice which can work out in your matter, the divorce attorney will do it accordingly.

Registration of Marriage

In the year 2006, the Hon’ble Apex Court in Seema Vs Ashwani Kumar had made it compulsory for all the citizen of India belonging to various religions to register their marriage in a state where their marriage is solemnized. In order to register a marriage, a married couple needs to have a marriage certificate issued from Arya Samaj Mandir or gurudwara, photographs of marriage, proof of date of birth and two witnesses preferably parents.

In a case of runaway cum love marriages, the married couple needs to get an order of protection of life and liberty from the court of law in case there is an immediate threat to their life and liberty and also seek direction to the registrar of marriages to register the marriage.

SEPARATION

Separation can be of two types where the spouse is desirous to live separate and where the spouse who is desirous of cohabitating as husband and wife but the due to some temperamental issues or other factors make it difficult to live together. The reasons for which the spouse is desirous to live separately can be many. It may be ill-treatment, physical abuse, economic abuse, cruelty, etc.

If the wife who is a victim of abuse, she can approach a good lawyer to get justice through the judicial process. The dispute may be sorted out by adopting a due course of law or by adopting alternative dispute resolution. Where the spouse is desirous to live separately, the aggrieved spouse who has been deserted has an option to get an order of restitution of conjugal rights or can file seek a divorce.

DIVORCE

In India the laws of Divorce are governed by Hindu Marriage Act for marriage solemnized according to Hindu rites and rituals, Special Marriage Act for inter-religion marriage, Indian Divorce Act for marriages performed according to Christian rites and rituals, Parsi Marriage and Divorce Act, Dissolution of Muslim Marriage Act, Foreign Marriage Act and the Muslim Women (protection of rights on divorce) Act.

With the passage of time, the number of cases of divorce has increased marginally. The root cause of the increase in litigation is increasing intolerance towards each other, poor communication skills, lack of respect, wrong advice by relatives. As per the statistical report of Mediation Centre, Tis Hazari Courts, Delhi, 63% of matrimonial disputes are settled meaning thereby that the differences between a married couple are sorted out by way of communication and understanding.

Here at Bnb Legal, we do not encourage frivolous litigation while also keeping in mind that the wrongdoer deserves to be punished. Before going ahead with the divorce petition, our first step is to counsel the parties in order to amicably settle the dispute. The process of amicable settlement involves mediation by a team of our trained advocates.

MEDIATION

The concept of mediation received legislative recognition in India for the first time in the Industrial Disputes Act, 1947. The conciliators appointed under Section 4 of the Act are ” charged with the duty of mediating in and promoting the settlement of Industrial Disputes.” In 1999, the Indian Parliament passed the CPC Amendment Act of 1999 inserting Sec.89 in the Code of Civil Procedure 1908, providing for the reference of cases pending in the Courts to ADR which included mediation. The Amendment was brought into force with effect from 1st July 2002.

Chief Justice Warren E. Burger in support of mediation stated “ the entire legal profession, lawyers, judges, law school teachers, has become so mesmerized with the stimulation of the courtroom contest that we tend to forget that we should be healers of conflicts. For some disputes, trials will be the only means, but for many claims, our system is too costly, too painful, too destructive, too inefficient for truly civilized people. To rely on the adversarial process as the principal means of resolving conflicting claims is a mistake that must be corrected.”

There are two types of mediation:

1. Private Mediation
2.  Court-Annexed Mediation

PRIVATE MEDIATION

Private mediation is a new, growing and successful concept where the issues between the parties are settled with the help of the trained mediator. A trained mediator can either be an advocate a retired judge or non-profit organizations which are solely promoting mediation. Parties can approach a mediator at any stage either before the institution of the case or after the case is instituted.

COURT ANNEXED MEDIATION

By virtue of section 89 of the Code of Civil Procedure, the model of court-annexed mediation is followed. The courts have mediation centers in which the cases are referred by a different court. After a preliminary inquiry, these are marked to experienced and trained mediators from the panel of mediation which is available with mediation centers.

WHEN MEDIATION FAILS

When in a matrimonial discord, pre-litigation mediation fails, a spouse has an option to file for a divorce under section 13 of Hindu Marriage Act, 1955. In a case where a wife is turned out of a matrimonial home and is made to live a life of a pauper, a deserted wife has an option to claim maintenance under section 125 of Criminal Procedure Code and also can seek relief monetary and residential relief under Protection of Women from Domestic Violence Act, 2005.

SECTION 13 OF HINDU MARRIAGE ACT,1955.

Section 13 of Hindu Marriage Act, provides for grounds on which divorce can be sought. A decree of divorce can be obtained on the following grounds:

1. Where the spouse has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse,
2. Where the spouse has, after the solemnization of the marriage, treated the petitioner with cruelty,
3. Where the spouse has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition,
4. Where the spouse has ceased to be a Hindu by conversion to another religion,
5. Where the spouse has been incurable of unsound mind or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
6. Where the spouse has been suffering from a virulent and incurable form of leprosy,
7. Where the spouse has been suffering from the venereal disease in a communicable form,
8. Where the spouse has renounced the world by entering any religious order,
9. Where the spouse has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.

Besides the above ground, there are certain more grounds which are specifically available to wife. The grounds are mentioned as follows:

1. At the time of marriage, the husband is already married, has not divorced his wife and his wife is alive at the time of marriage.
2. Where the husband is found guilty of unnatural offenses i.e rape, sodomy or bestiality.
3. Where her marriage (whether consummated or not) was solemnized before she attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

LAW FIRM’S SERVICES IN THE MATRIMONIAL LAW MATTERS:

• The registration of marriage under personal law.
• Restitution of conjugal rights
• Judicial/ non-judicial Separation
• Divorce
• Maintenance
• Custody of a child, &
• Maintenance of a child.

PRACTICE DOMAIN OF OUR DIVORCE LAWYERS IN CHANDIGARH:

• The Hindu Marriage Act
• Hindu Adoptions, and Maintenance Act
• Hindu Minority and Guardianship Act
• Special Marriage Act
• The Muslim Women (Protection of Rights on Divorce) Act, and
• The Indian Divorce (Amendment) Act