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The institution of marriage has undergone many changes as to its societal and legal form. It might be a beautiful alliance for many. But, on the other hand, it can turn out to be a painful ordeal for some people, especially when there is physical or mental abuse. This is the time where the right legal advice will change a lot of things. Your search for the best divorce lawyers in Chandigarh makes your plight obvious.
An unhappy marriage can adversely affect your mental and physical health, especially when there is no chance of reconciliation. But if there is some hope and merely a misunderstanding has led to this decision, a good divorce lawyer will assist you in a reconciliation direction too (only if the relationship is not abusive).
B&B Associates LLP is a reputed law firm who is known for its lawyers for divorce matters in Chandigarh. Transparency can be the one reason with the clients about what all legal rights and recourses they have throughout the divorce procedure. If we sense that you are parting your ways just on the basis of a misunderstanding, then our team might work to make it work. But if your spouse has caused you immense trauma, our lawyers are going to stand for you. Our divorce lawyers in Chandigarh can be consulted if facing any of the following issues in marriage.
Whatever may be the reason, the process of divorce involves a multitude of challenges, and with a proficient team of some of the experienced divorce lawyers in Chandigarh, we strive to bring ease to the client while advancing the right guidance and observing effective legal remedies for their cause.
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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). Therefore, when a spouse (or any of their family members) commits 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:
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.
Before you start looking for a best divorce lawyer for your legal matter, you’ll surely look for the procedure first. A lot of questions will hit your mind including how to file a divorce in Chandigarh, can I fight my own divorce case and many more. But all these questions will be solved after consulting a lawyer.
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. Our matrimonial lawyers in Chandigarh are thoroughly cognizant with all the matrimonial laws in India.
Step 3 A:
Read also: Can You get Divorce If Your Husband/Wife Abandons You?
When there are disagreements over one or the other matrimonial issue, you’ll be left with an option to contest a divorce. But how long does it take for a contested divorce? The thoughts like how can I speed up my contested divorce will be obvious in that situation. Because this will not be as easy as the mutual divorce. Either of the parties may resist getting a divorce and there can be issues related to reaching amicable settlements. That’s why you are always advised to choose a proficient, trusted, and experienced divorce lawyer 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 A
Based on facts and circumstances revealed via narration:
If there is an intent and possibility of reconciliation, it should be thoroughly explored. Including a possibility of Restitution of Conjugal Rights
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 simple to complex divorce matters in Chandigarh and in the whole 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. She has been recognised as one of the top female lawyers in Chandigarh for divorce matters. Under her able guidance, a dedicated full-time team of law researchers, draftsmen, and pleaders works to advance the interest of the client.
Read also: Maintenance Rights of Wife In An Annulled Marriage
**We deject un-ethical and immoral practices, and reserve our rights of extending legal services only to a select clientele which exhibits civility, faith in law, sound moral footing, and good conscience. Our legal counsels defend the ones who have falsely been implicated, and prosecute for those who have actually been victimized – in either case, our counsels reserve their right of exercising discretion in accepting or rejecting a brief/ lawsuit
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Yes. For this one can go to the Women Cell, or approach the District Legal Authority of their area.
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.
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 in the wrong direction of stereotypes and false allegations, one must choose a smart but ethical lawyer to advise them.
Divorce by Mutual Consent is the fastest and most 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.
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.
If one is thinking that ignoring 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 a final hearing on the grant of divorce decree through default judgment and the court may choose to proceed ex-parte.
The 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.
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, maintenance, etc.
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.
The spouses of marriages that are recognized by the Indian Civil Court can file for marriage dissolution in India.
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, 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.
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.
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.
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 Vs. Mihirbhai Bharatbhai Kothari
Supreme Court of India Year : 2016
Recent Landmark Judgements