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(Insights about law firm’s divorce law practice, fields of interest, region, steps of retention and applicable procedure.)

Marriage as an institution has undergone various changes and while it may turn out to be a life-long companionship for most, it simply is an excruciating ordeal for some. To accommodate the changing facets of the institution of marriage, the law has introduced amendments from time to time. Today, divorce is no longer a taboo and is rapidly being resorted to dissolve a marriage which no longer serves its purpose. Our divorce lawyers in Noida are well conversant with all the nitty-gritty involved in a divorce matter and believe in providing the clients with a smooth transition throughout the proceedings. Our team of divorce lawyers in Noida can be consulted in an event of the following issues pertaining to marriage- Mutual consent divorce, Contested divorce, Annulment of marriage, restitution of conjugal rights, Judicial separation, Execution of decrees (in above-mentioned cases) passed in India, Transfer petitions in Supreme Court, Execution of divorce decrees in India passed by a foreign court, among others.

A glimpse into the kinds of divorce in India:

Divorce in India can be broadly categorized into the following three categories:

i. Mutual consent divorce;
ii. Contested divorce; and
iii. Divorce obtained under Article 142 of the Constitution of India.

While the first above-mentioned two kinds are most popular, the third one is heavily dependent on the facts and circumstances of each case, and the discretion of the Hon’ble Supreme Court of India.

Mutual consent divorce: Mutual consent divorce, as the name suggests means divorce whereby both the spouses are willing to amicably part ways without any blame game that usually follows a divorce case. Mutual consent divorce is hassle-free and less time consuming than a contested divorce, but requires the consent of both the parties to go for.

Contested divorce: A contested divorce, on the other hand, can only be filed in an event a person feels that his/her spouse has committed a matrimonial offence. A matrimonial offence or grounds of divorce available under various personal laws in India are:

• Cruelty;
• Adultery;
• Desertion;
• Suffering from a venereal disease in a communicable form;
• Conversion to a different religion (without the consent of the partner);
• Renouncement of world and worldly desires;
• Presumption of death (7 years with the whereabouts of the spouse unknown); and
• Incurable unsoundness of mind.

The above-mentioned grounds available to both the spouses, however, there are a few additional grounds available only to the wife (under the Hindu Marriage Act, 1955) which are:

• Husband is guilty of rape, Bestiality and/or Sodomy;
• Bigamy;
• An option of puberty (repudiation of marriage).

Other grounds of divorce of contested divorce (under the Hindu Marriage Act, 1955):

• There has been no resumption of cohabitation as between the spouses for one year or more after the passing of a decree for judicial separation in a proceeding to which they were parties; or
• There has been no restitution of conjugal rights between the spouses to the marriage for one year or more after the passing of a decree for restitution of conjugal rights.

Divorce obtained under Article 142 of the Constitution of India, 1950: In certain cases, the Supreme Court of India can exercise inherent powers conferred upon it by the virtue of Article 142 of the Constitution and order for a dissolution of a marriage on the ground of irretrievable breakdown of a marriage. However, the ground of irretrievable breakdown of a marriage is not available to any High Court in India or District court but is an exclusive domain of the Supreme Court as Article 142 of the Indian Constitution confers upon the Supreme Court the power to pass an order that it deems essential to provide complete justice.

About our Divorce Lawyers in Noida

B&B Associates LLP- Noida is a collective of finest divorce lawyers in the country who are well versed in the matrimonial laws which give them an edge over others. The decades of experience gained through dealing with hundreds of cases, the minds at B&B Associates LLP- Noida will provide the best route for your needs. From preparing iron-clad petitions/replies to expertise in cross-examination along with impeccable argumentation skills, there is nothing that our lawyers cannot do. We believe in calling a spade, spade, therefore, one can expect absolute honesty and transparency with us.

Service offered by B&B Associates LLP

The team of our finest divorce advocates in Noida deal with the following matters pertaining to marriage

Legislations Governing Divorce Matters in India

• Hindu Marriage Act, 1955.
• Indian Christian Marriage Act 1872 and Divorce Act 1869.
• Parsi Marriage and Divorce Act 1936.
• Special Marriage Act, 1954.
• The Dissolution of Muslim Marriages Act, 1939

When to Seek Advice from a Divorce Lawyer?

It will get better- this is a common tendency of people in India to wait in a hope that things will get better but more often than not, a marriage that has begun a downhill path is extremely hard to bring back on track; therefore, it becomes important for you to not keep sitting on your marital problems and seek advice. Yes, some things are trivial and should be ignored as marriage is about companionship; however, there are a few things which cannot and should not be ignored or condoned such as:

• Physical, emotional, financial or sexual abuse;
• Dowry Mongering – direct or passive;
• Passive-aggressive behaviour;
• Unreasonable coerced separation of a son from his parents;
• Non-consummation of marriage;
• Withdrawing from conjugal obligations;
• Alcoholism, substance abuse, gambling, etc.;
• Illicit relationship outside marriage;
• Psychological manipulations such as gaslighting.

The above-mentioned list is merely indicative and not exhaustive.

While disagreements are a part and parcel of any relationship, you must be able to distinguish between healthy disagreements and toxic behaviour which can take an ugly turn. Therefore, to de-escalate any probable situation, marriage counselling, mediation, and associated methods can help resolve issues and save from rushing into resentful decision.

How to retain the services of B&B Associates LLP

1. Reserve appointment

• Explain your matter by filling the form above and wait for a revert. If the matter needs urgent intervention, call us on +91-7710777770.

2. Consult

• Carry all the relevant documents on the date of appointment.
• Truthfully and fearlessly depose to avail right guidance.
• Know your right recourse and follow the advice.

3. Retain

• Discuss the scope of retention.
• Submit documents and detailed narration.
• Discuss important points of concern.
• Discuss on recourse, pleadings, and arguments

Why do clients prefer B&B Associates LLP?

The team of divorce lawyers at B&B Associates- Noida consists of highly knowledgeable individuals with comprehensive knowledge on the subject and are highly perceptive of the needs of the clients. It is never too late to turn the tide around and we believe in providing the clients with the best services. With over 37 years of experience and professionalism, the divorce lawyers of B&B Associates have created a culture of trust and transparency in dealings. Whether it is about initiating a divorce proceeding in India or stopping a divorce proceeding in a foreign country, we have all your needs covered with the finest divorce lawyers in Noida.

Procedure of Divorce in Noida

Divorce options available to a person depends on the nature of the relationship they share with their spouse. Nevertheless, divorce is the last resort when attempts of mediation and reconciliation have failed. One does need help from an expert divorce lawyer in Noida to better understand the options available based on the facts of the case, however, broad idea of divorce litigation process in Noida can be taken from here:
Stepwise Procedure for Obtaining Mutual Divorce in Noida:-

Step 1

• Draw a settlement agreement with your spouse outlining the issues pertaining to maintenance/alimony, child custody, child maintenance, disposal of joint property, etc. to avoid issues in the future.
• Draft the mutual consent divorce petition.

Step 2

• File the petition for mutual divorce;
• Record the statements in the court on the first motion.

Step 3

If circumstances compel, apply for waiver of mandatory cooling-off period of six months before the second motion is recorded. This step, however, is extremely dependent on the situation pertaining to the case and invites reasonable discretion of the Judge.

Step 4

• Record the statements on the second motion.
• Obtaining the certified copy of the divorce decree.

Stepwise Procedure of Contested Divorce in Noida

The steps involved in a mutual consent divorce are objective, however, the same is not the case for a contested divorce and the following procedure is a general outline of divorce proceedings in India:

Step 1

• Consult a divorce lawyer in Noida;
• Narrate your side of the story to facilitate the lawyer to understand the recourse that can be taken to help you and the procedure that has to be followed.

Step 2

• File for divorce in the court of competent jurisdiction.
• Summons for appearance to be served upon the other party by the Court.

Step 3

• The opposite party’s appearance in the Court has to be ascertained and in an event, the opposite party chooses to not appear in the court then the court moves ex-parte.
• If the opposite party makes an appearance in time, then his/her reply to the petition is taken on record.

Step 5

• Interim applications, if any, are disposed of.

Step 6

• The court frames the issues.
• Petitioner’s evidence.

Step 7

•  Respondent’s evidence.

Step 8

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

Team of B&B Associates LLP

• Mr. Mohit Bhandari & Mrs. Savita Bhandari – Founding Partners.
• Dr. Rohit Samhotra – Sr. Associate
• Mr. Ambransh Bhandari – Managing Partner
• Mr. Paras Chugh – Sr. Associate & Head Legal Research
• Mr. Sunny Menghi – Sr. Associate
• Ms. Anjali Bisht – Sr. Associate

While all above-named counsels are well-versed in civil law and procedure, the above names are arranged in seniority of their position in the firm.

Golden Rules

**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

Divorce law FAQs

My spouse keeps threatening me of committing suicide, can I seek divorce on this ground?

Yes, you can. Threatening to commit suicide amounts to emotional and mental cruelty, therefore, you can seek divorce.

What is the difference between judicial separation, annulment and divorce?

Judicial separation: In simpler terms, it means an order whereby you can legally separate from your spouse for a while but the marriage is still intact.

Annulment: It means that the marriage is not valid. Unlike divorce, annulling a marriage is retroactive, i.e. it completely erases the existence of any marriage, and establishes that the marriage was never valid, to begin with.

Divorce: A divorce is a legal process to dissolve or terminate a marriage.

Can mutual divorce be granted without the six months wait period?

Depending upon the circumstances, the six months waiting period in a mutual divorce proceeding can be waived of.

Who are the best divorce lawyers at B&B Associates LLP?

• Mr. Mohit Bhandari & Mrs. Savita Bhandari – Founding Partners.
• Dr. Rohit Samhotra – Sr. Associate
• Mr. Ambransh Bhandari – Managing Partner
• Mr. Paras Chugh – Sr. Associate & Head Legal Research
• Mr. Sunny Menghi – Sr. Associate
• Ms. Anjali Bisht – Sr. Associate

I was married under the Hindu customs and my spouse obtained a divorce in a foreign country without my knowledge, can I do something against it?

Yes, if you were married in India under the Hindu law, then you can file a suit against the foreign divorce decree.