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 physically as well as mentally for which divorce is the right step. The quest for best divorce lawyers in Chandigarh will surely come to a desirable end with B&B Associates. The team offers impeccable legal services and handles such family matters empathetically. Diligence and integrity towards work are not the only key competencies our lawyers are having. They are specialized in their field of dealings and therefore highly preferred senior divorce lawyers in Chandigarh.

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 VETERAN 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 pick a proficient and distinguished divorce matter lawyer. Below attached query form is an easy way to reach the top divorce lawyers in Chandigarh for resolving matrimonial matters without much wastage of time and resources. Our expert divorce advocates are veterans in the whole marriage dissolution procedure. Helping not only the clients within country boundaries but our team is also doing commendable efforts to provide genuine recourse with the help of best NRI divorce lawyers in Chandigarh by helping those Non-Resident Indians across the borders.

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

Valid Reasons for Divorce in India

Long ago, marriage is the strongest bond which ties the two-person knot for a lifetime. But with the passage of time, you can see the statistics of breaking marriages. We can consider it in both ways i.e., positive and negative as well. Negative as in terms of Indian society is finding divorce a degrading element to the culture. And makes it positive in terms of people becoming aware of their rights and responsibilities in accordance with the law.

Male spouses distressed about how to take divorce in India from the wife or a female victim who is seeking divorce on any of the grounds for divorce in India, the acclaimed divorce lawyers in Chandigarh at B&B Associates are having expertise in handling all these matters. Divorce Act, 1869 is a major document that governs the divorce procedure for Christians, Hindu Marriage Act, 1955 for Hindu, Jains, Buddhists, and Sikhs, and Parsi Marriage and Divorce Act, 1936 is followed for divorce procedure in Parsi couples. And the procedure and grounds for divorce under the Dissolution of Muslim Marriage Act, 1939 are taken into account for Muslim couples.  And the Indian judicial system keeps on introducing new divorce laws in India. And according to which following are the legal grounds for divorce.

• Adultery
• Desertion
• Insanity
• Conversion
• Renunciation
• Cruelty
• Venereal disease
• Leprosy
• Presumption of death

There can be some other legal reasons for divorce which can be considered in that case can be sodomy, bestiality, 498A matter, bigamy, domestic violence, etc.

How Section 13 of the Hindu Marriage Act,1955 Describes Grounds for Divorce?

Section 13 of the 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 incurably 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.

Types of Divorce

Most probably there will quite positive vibes all around that this relationship is going to last longer at the time of solemnization of marriage. But with time, compatibility issues may arise and the couple may start encountering the temperamental differences. And all of this will lead to creating a hassle and matrimonial disputes. There can be chances where one person may still want to give it a shot for resolving these disputes and another one may not. And another situation will be where both the parties agree to dissolve their marriage. Types of divorce in India are categorized under two main categories, i.e.,

Divorce with Mutual Consent in India

When both the partners are just annoyed with one another as they find them incompatible, they will surely go for mutual consent divorce. And this procedure it will be much easier to get the divorce. And while thinking about mutual divorce in India takes how long, it will most probably end up in 2-3 hearings. And your marriage will be dissolved in approximately 6 months to 1 year. So uncontested divorce is a simpler option for making it less time-consuming and exhaustible.

Contested Divorce in India

Whenever you will ask or look for the statistics for how long does a contested divorce take in India, the answer would be little distressing. Either it may get resolved in a year or it may stretch up to 10 years or more also. This is the time when the role of a seasoned and best divorce lawyer in Chandigarh will come in to picture. A proficient divorce attorney will guide you right and will alleviate the stress and time consumption for the whole procedure.

When there is no mutual consent, the process may take a long to reach a desirable end. Different issues like visitation, child custody, maintenance, alimony, etc will take time to reconcile the whole matter in a righteous manner. This process is really enervative. And this is the time where the role of the best lawyer for divorce matters comes into the picture.

Our Divorce Lawyers in Chandigarh Don’t Play Home-Breakers Unless There is a Dire Legal Necessity

Every week our leading matrimonial lawyer 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 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 Divorce Specialist Advocate in Chandigarh

A good divorce lawyer will always come with a lot of remedies for your problems and most probably quality suggestions. 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 counseling, etc.

Procedure for Divorce in India

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 the best lawyers for divorce matters 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.

Judicial Separation

Separation can be of two types where the spouse is desirous to live separate and where the spouse is desirous of cohabitating as husband and wife but 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. Separation can be either judicial separation or non-judicial separation. The judicial separation will include the paperwork and inclusion of legal authorities while non-judicial separation will not include any legal formalities and the couple will decide mutually and amicably to live separately.

If the wife 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.

Annulment

Annulment is a way of nullifying a marriage in legal terms. When one of the spouses no longer want to live together for being cheated, the solution here is the annulment of marriage. An annulment means that a marriage never existed or was null. In that case, the petitioner needs to prove the marriage to be void or voidable. There are different grounds for annulment i.e.,

• Concealment of things or secrets from the partner.
• Marriage by force.
• Consent by fraud.
• Female partner being pregnant at the time of marriage.

There can be some other reasons also for which you can consider the annulment of marriage.

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 a non-profit organization which is 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.

Divorce Process

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, 1986.

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. You can check out the lawyers dealing with divorce who can represent you in the Chandigarh family court proficiently.

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. You can hire our highly experienced lawyers for divorce Matter in Chandigarh.

Child Custody

The one who suffers a lot in the whole divorce process is a child if there is any. That innocent also needs to get the best guardianship and care. The Guardian and Ward Act, 1890 governs the child custody rules in India. The judiciary ensures the result in the best interest of the child. The child custodian must be competent enough to keep the child safe, provide the right education, maintaining the ordinary expenses, and providing best parental care.

Child Custody Rules in India

It is not only the couple who suffers from an unhappy marriage. But the child goes through a lot of psychological disturbance. Indian judicial system tries to attenuate the child sufferings to the greater level. The two major acts which have greater significance in such custody matters are Guardianship and Ward Act, 1890 and Hindu Adoption and Maintenance Act, 1956. And Child custody is categorized into

• Physical custody.
• Joint custody.
• Legal custody.
• Third-party custody.

Most probably it is the father who is supposed to get the child custody due to maintenance reasons. But the Indian constitution takes every aspect into account and makes provisions accordingly. The child needs extreme care at the infant stage and no one can do that better than the mother. So child custody under Hindu law and child custody under Muslim law, both have special provisions which govern the rights of parents.

While deciding child custody under Hindu law, two acts i.e., Guardianship and Wards Act, 1890 and Hindu Minority and Guardianship, 1956 play a key role in this kind of case. The child will remain with the mother until the age of 5 years. And then the custody passes over to the father till the minor attains the age of 18. And after the age of 9, the court will consider the child’s consent for which parent he/she wants to reside with.

And when it comes to the custodian and guardianship under Muslim law, Hizanat gifts it entirely to the mother. But not in the case when the mother is either not physically or mentally sound or treats the child brutally. Hizanat is one of the Muslim laws which deal with child custody matters.

Our expert child custody lawyers in Chandigarh are renowned for their profound cognizance with the guardianship laws in India and commendable work in the field.

Maintenance and Divorce in India

The happiness of marriage comes with a whole lot of responsibilities. The husband is supposed to take care of the wife for a lifetime. But when things fall apart, both the spouses decide for the dissolution of marriage for this relation being a quagmire. You cannot just end this sacred alliance so easily. Because the responsibilities are still there to comply with. A man is obliged to provide the allowance for the sustenance of his wife, child, and parents.

Indian constitution has come with the provisions which take into account every future possibility into consideration. The basic physical needs i.e., food, shelter, clothes and other basic requirements for easy survival need to be provided to the dependents. All the rules are better explained in maintenance under Section 125 of CrPC. In addition, some personal laws are also there which governs these alimony rules. This ensures avoiding vagrancy and destitution.

The rule will be a little different when the marriage has taken place under the Special Marriage Act 1954 i.e., it is the wife only who can claim the maintenance. But when the couple has solemnized the marriage under the Hindu Marriage Act, 1955, the court will decide the seeker of alimony after scrutinizing the living conditions of both the spouses. The husband can also file the petition for maintenance when he is not competent enough to fulfill basic needs. And the court will grant the order according to the status and earnings of both the parties. And while providing the maintenance to wife, the court will examine remunerations, assets, other sorts of incomes and also the wife’s income. Our experienced alimony/maintenance lawyers in Chandigarh are providing the right guidance to the justice seekers by going through the whole matter thoroughly.

498A Cases

“Every dowry demand is a death threat.” And the woman and her parents need to understand that beforehand. In most of the cases, one common degrading factor for marriage is dowry demand which ultimately leads to divorce. When you will go through the dowry death data, it is really disheartening. But the law has made many amendments so as to protect the women from any kind of cruelty. 498A is one major one among them.
Section 498A of IPC has come as a major amendment in the Indian Penal Code, 1860 which is inserted in 1983 for the safeguard of women’s rights and empowerment. It deals with the matrimonial cruelty against women which is a cognizable, non-compoundable, and non-bailable offense.
The cases where a woman is subjected to cruelty either by the husband, his relative or both of them, the offense will come under 498A. 498A explains cruelty as

•  Any willful conduct which is such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb, or health (whether mental or physical) of the woman; or
• Harassment of the woman where such harassment is with a view to coercing her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Under 498A cases, the convicted ones are subjected to the imprisonment for a term which may extend to 3 years. But with cautious investigations into the matter, the statistics for the convictions in these 498A cases are decreasing persistently. Therefore misuse of 498A is dwindling the actual utilitarian value of the section. But there is no need to worry because our well-practiced divorce lawyers in Chandigarh investigate the matter thoroughly and unturn every stone so as to dig the pieces of evidence and truth. The team has diligently been working in the legal arenas to protect the woman’s rights, justice for cruelty against women, and also providing the right recourse to acquittals in falsely accused 498A cases.
With the same meaning of cruelty, there is one another section that is being added to the Indian Evidence Act, 1872 i.e., Section 113A. Section 113A deals with the matters of presumption as to abetment of suicide by a married woman whether by the husband or his relatives within the seven years of marriage.
And another one is Section 304B of IPC which also describes the cruelty as in 498A. Under section 304B, husband and his relative who has subjected the woman to cruelty or harassment with dowry demands which unfortunately leads to causing the death of the woman (by burns or body injuries) within 7 years of marriage, are subjected to get the imprisonment of not less than 7 years. Or this punishment can also extend up to a lifetime.

Law Firm’s Services in the Matrimonial Law Matters:

We respect the sanctity of marriage and family. But this sanctity doesn’t stand anywhere when one of the partners is finding it suffocating to be in that marriage. We standby our clients in every situation whether it is a matter of solemnizing the marriage or want to dissolve it. In addition to Union Territory, we are also catering to the need for a proficient divorce lawyer in Ludhiana, Panchkula, Mohali, Faridabad, Dehradun, Noida, and Lucknow. Our experienced family lawyers in Chandigarh have been handling all these 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 Top 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