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Divorce Lawyer

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Laws & Legal Procedure for Divorce by Mutual Consent

Recently, there has been a rise in the divorce cases filed in India. The coronavirus outbreak has affected the personal lives of individuals by taking its toll on strained couples. Law firms and advocates have reported numerous complaints of couples who want to split-up. This article discusses the laws and the legal procedure that governs Divorce by Mutual Consent. Before 1976, the Special Marriage Act was the only Indian statute that dealt with the provisions of divorce by mutual consent. Two adults married or registered under this act could get their marriage dissolved by mutual consent. Various provisions in India...

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Explaining the Realm of Divorce Laws in India: Lawyers Advice

Marriage is considered sacramental in India. It is believed as the union of two souls. The Act does not use the term ''sacramental marriage'' but is termed as ''Hindu Marriage'' and is accepted as an obligation that needs to be fulfilled by both the spouses for all their lives. Though marriage is considered sacramental but, in case of any dispute between the husband and wife out of the matrimony, either spouse could seek a matrimonial relief or remedy. The Hindu Marriage Act, 1955 defines divorce as the dissolution of marriage. Under the Hindu Marriage Act, various reliefs have been...

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Deciding factors for the Grant of Custody of Children in a Divorce Case

The question of custody usually comes up in cases of divorce or judicial proceedings. The Judiciary in India has always given more importance to the interests of the child. Indian laws and regulations for child custody mostly depend on the religion of the child and parents. Personal laws govern the custody of the children along with the guardians and wards acts, 1890. Judiciary in India mostly focuses on the social, and intellectual development of the child, the child must be placed in a healthy environment and amidst a good family. Courts consider various factors while granting custody for the welfare...

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Legal Sanctity of a Pre-Nuptial Agreement in India

In the era of instant marriages, it is a necessity for couples to think practically before making the decision. Arranged marriages gave couples the security as their families know each other’s background pretty well. In this generation, the couples opt for pre-nuptial agreements to feel a sense of security in their relationship. No one thinks of a divorce while marrying each other but being secure in the event of divorce seems much more important. What are Pre-Nuptial Agreements?A pre-nuptial agreement or a prenup, for short, is a private agreement, mutually entered by the spouses before their marriage. Its main aim...

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Legal Remedies available to a Husband against False Accusations for Cruelty & Domestic Violence: Lawyers Advice

Domestic violence against spouses is an age-old issue, but it is only after the advent of electronic and digital media that we are getting aware about them. However, it may be noted that most of these cases reported deal with the violence suffered by a woman in the hands of men. Our media fails to recognize the domestic violence suffered by men, who share same fundamental rights with women. One of the biggest reasons for such biased reporting is the failure to understand that men too are Human Beings and misandry, or prejudices against men is a reality. Few...

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Legal Rights available to Women against Cruelty and Harassment committed by their Husbands on Foreign Soil: Lawyers Advice

When a court or other competent body legally dissolves a marriage then it is known as divorce. In a country like India, where marriage is considered to be a sacred institution, divorce is often perceived as the complete failure of the institution of the marriage. There is a lot of stigma attached to divorce and divorcees, especially divorced females. In a land as diverse as India, the divorce laws are varied. While Hindus, Buddhists, Sikhs and Jains may seek divorce under the Hindu Marriage Act, 1955, the Muslim, Christian, Parsi communities have their own set of laws. In case the spouses...

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