1. Mutual Consent Divorce

Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-

1. Both Parties ie Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
2. On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
3. Divorce Petition will be drafted which will include terms of settlement agreed between parties.
4. Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
5. Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
6. After recording of statements, First Motion will be passed.
7. Court gives six months time to parties to reconsider their decision. This is called cooling period generally. Second Motion is set up.
8. Aforesaid steps shall be repeated. Statement of parties will be recorded again.
9. After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted.

DIVORCE BY MUTUAL CONSENT BY POWER OF ATTORNEY & VIDEO CONFERENCE:

Some states like Delhi allow statement of one party to be recorded through power of attorney. Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money.

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2. NRI Legal Services

Non-Resident Indians (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis often faces complex situation of divorce, annulment and child custody and consequent legal proceedings.

They have option of filing divorce case in India. But, the biggest problem they face is direct interaction with his/her prospective Divorce Attorney to understand the complex issues of tarns-border divorce cases and NRI Divorce Laws, etc. We at Divorce Lawyers have expertise in this area of Divorce which involves NRIs, etc. We understand that time is essence and attending Court hearing is expensive as well as time consuming. We offer our specialized services and represent the client before the Court. We know the art of trade to keep the attendance of client in Court to minimum one or two during entire contested divorce case. We have achieved the unique distinction of getting the Divorce by Mutual Consent via power of attorney and video-conferencing which ensure that you even do need to be present in the Court.

We provide complete and regular update to client about the development of the divorce, annulment, child custody cases. We are just a call or e-mail away. Our time structure is also tailor-made to address the issues of NRI Legal Services. We have achieved commendable success in NRI's Divorce and allied matter by adopting practical and lateral approach in the resolution of dispute.

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3. Contested Divorce

Contested Divorce implies party desirous of divorce approach the family Court/Civil Court for the dissolution of marriage. Spouse seeking divorce has to take one of the grounds provided under the law of contested divorce.

There are different laws dealing with contested divorce for different section of the Society. Hindu Marriage Act,1955 provides ground for divorce for Hindus which includes Sikh, Jain and Budh religion. Indian Divorce Act,1869, provides grounds for divorce for Christian. Special Marriage Act provides grounds for divorce for people married under civil law and whose marriages are registered under Special Marriage Act,1954. Broad grounds for Divorce are as under: -

1. Divorce on the ground of Adultery.
2. Divorce on the ground of Cruelty.
3. Divorce on the ground of Desertion.
4. Divorce on the ground of Conversion to another religion.
5. Divorce on the ground of Unsoundness of mind or mental disorder.
6. Divorce on the ground of Virulent and Incurable form of leprosy.
7. Divorce on the ground of Venereal disease.
8. Divorce on the ground of Renounce the World.
9. Divorce on the ground of Not heard for a period of seven years or more.
10. Beside above, there are couples of additional grounds for divorce available only to female.

CONTESTED DIVORCE PROCEDURE:

Contested Divorce proceedings commences with filing of Divorce petition. Family Court/Civil Court causes a notice to be served on the opposite party for appearance.

On receipt of summons, opposite party has to appear in person and/or through divorce lawyer and file the response.

Court may try to resolve the differences between parties to start with by conducting conciliation or sending the matter to Counselor/mediation centre. If there is no settlement between parties, divorce case proceeds as per procedure.

Once initial allegation and response and counter allegations process are over, which is called pleading, case is set up for evidence after determining issues of controversy between parties.

Party initiating contested divorce has to start with the evidence first. Other party is given a chance to cross examination witness/es of the opposite party.

After that responding party i.e., Respondent has to lead evidence. Similarly, cross examination process is conducted by the divorce lawyer of opposite side.

After conclusion of evidence, Final arguments are advances by divorce lawyers from both sides.

Then the court pronounces judgement. If party initiating divorce is able to prove the case, Family Court/Civil Court will grant the decree of Divorce.

Contested divorce requires expert divorce lawyer either in prosecuting or defending divorce case. Such expert divorce lawyer guides, strategize and plan the whole action. Effective planning by divorce lawyers increases the probability of success in the trial of the case for a favourable outcome.

Contested Divorce is a long process requiring through professional work and approach. Good Divorce lawyer take through these challenging and arduous tasks by his expertise and your counsel through turbulent and emotional time.

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4. Divorce Petition Drafting

Divorce Petition, contested divorce cases Half of the battle is won on the basis of the sound drafting of the Divorce Petition. We use all of our divorce expertise in drafting of the Petition and lay a strong foundation for the entire contested divorce case.

Divorce is a complex issue and hard-core emotions are involved. Divorce is not a dispute for profit but personal battles fought in the Court. Effective drafting involves lot of care and conscious efforts need to be put in balancing the legal and personal interest of clients.

Our experience leads to one conclusion that each case is different and so are the issues involved in the divorce case. While drafting divorce Petition, it is all very important to have all issues arising out of real facts so that it should give one never ending and clinching feeling that the divorce pleading is based on true facts and is not a divorce petition template or one general standard form of Divorce Petition.

We are conscious of the laws regarding divorce and constant and perennial development related to divorce laws in India and thus drafting conforms to the legal requirements of the case.

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5. Mediation and Counseling

Matrimonial disputes are related with emotions, feelings, ego, and psychological reasons. You would not deny that most difficult thing is to predict the nature and behaviour of other human being. We all have tendency of assuming that what we are doing and thinking is correct while others are not doing right. Although, some time we try to rationalize things or making it logical. We pretend to be good listener but we are listening to counter other to score a goal to boost our inflated ego. We are not listening to listen other's point of view. That may help us in resolving issue. Why don't we accept we are imperfect human beings?

Relationship can work more positively if we understand the perception of our spouse. Sometime such basic things are ignored by us. AT THIS TIME, there is a need of a Counselor or mediator. Such counsellor or mediator has no concern or interest with either of the spouse. Such counsellor or mediator can understand your problem objectively. They can suggest practical ways to resolve issues and understand the perception of each other. Counselor and mediator may act as a miracle and save the most beautiful relationship of “marriage”.

There may also be cases wherein it is manifestly clear that relationship of husband and wife will not work. Spouses have deep abhorrence against each other for variety of reasons. At those junctures, after fully understanding the impossibility of reconciliation, counsellor or mediator would recommend for divorce.

It is entirely into hand of spouses that they understand the fact that divorce is the best remedy in their larger future interest. They can work out their divorce in such scenario in easier manner. Spouses can reach to amicable settlement. Every issue can be resolved by talking. Let the talk to Walk!!! Tough decisions like child custody and visitation rights can be discussed. Mediator or counsellor would take care of your decision and facilitate in reaching solution. You would not imagine that you have planned your divorce and worked out in very positive atmosphere to reach to Amicable Settlement.

You are saved from acrimonious litigation saving time, cost and energy. You walk out with held high and can still have healthy relationship.

Thus, mediation can work wonders. You are solving your own problem with the intervention of counsellor or mediator. As we say, live happily or part amicably!!!

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4. Child Custody

In divorce proceedings, the most complex and emotionally drenching issue is that of child custody. Children, young and at times infant have to bear the pain for no fault of theirs. Due to the extreme emotional attachment, both parents want to keep the custody of the children. In Indian set-up, such question is decided by the court of Guardian and Wards. Welfare of the children is the paramount consideration before the Court while deciding the question as to who is entitled to have the custody of children. Custody of children can be divided in to three parts:

1. Permanent Custody: After determining all issues, Court grants permanent custody of children to one of the party.
2. Interim Custody: During the pendency of the case and otherwise, court can grant interim custody to one of the spouse. It is also possible that Court grants interim custody of children to the other parent at the times of vacations, holidays etc.
3. Visitation Rights: Every parent has inalienable right to meet and see his/her children. Even after winning the case of custody of children by one parent, other parent cannot be denied the right to meet and see his/her children. In disposing of such cases, Court awards reasonable visitation right to the other parents and fix up the time and days for the meeting with his/ her children so that the emotional ties are not broken between the child and the other parent.