Best Divorce Lawyer In Gurgaon
Being a lawyer is really difficult and you need to be sure of how do you tackle divorce cases. The divorce case rates are increasing and it becomes really important for us to get the best person to defend and handle the cases wisely. And everyone wants to hire a good and trustworthy lawyer who can handle cases lawfully. Read here about Lawyer Ankit Sharma the best divorce lawyer in Gurgaon.
Ankit Sharma has an exceptionally qualified team of experienced Divorce Lawyer In Gurgaon. Our team has experience in managing and handling all sorts of divorce-related matters. Our specialization stands for a mutual and contested divorce, we have been handling such divorce-related issues for more than a decade.
We assist you from your smallest divorce matter-related query to the biggest one. We make sure our clients are well-versed and satisfied with the legal services that we are providing. Your divorce attorney will ensure that come out of the case with a favorable outcome.
Services LawyerAnkit Sharma Offer For Divorce Law Related Matters:
Types of divorce petitions in India:- Divorce by mutual consent
When both husband and wife obtain divorce then it is called divorce by mutual consent. This is the most convenient and less time-consuming way of getting a divorce.
Divorce by mutual consent is taken under Hindu Marriage Act, 1955, The Special Marriage Act, 1954, and Indian Divorce Act, 1869. Section 13B of the Hindu Marriage Act, Section 28 of the Special Marriage Act, and Section 10A of The Indian Divorce Act specifies the provisions of divorce by mutual consent. Following are the provisions:
Petition for dissolution of marriage is to be presented before the District Court by both parties on the grounds that:
they have been living separately for a period of one year or more;
they have not been able to live together;
they have mutually agreed that marriage should be dissolved.
If parties are given 6 to 18 months which is known as the cooling-off phase and if they do not withdraw the petition before 18 months then the court on being satisfied will pass a decree of divorce. In Davinder Singh Narula v. Meenakshi Nangia,[i] Supreme Court held that if circumstances so warrant the cooling period of 6 months can be waived off.
Before passing the decree, the court will inquire about the authenticity of the petition filed by the parties to divorce.
There are some rights and duties in matrimonial ties. All the Acts have certain grounds on which the divorce can be filed. The husband or wife can file a petition for divorce under The Hindu Marriage Act, 1955, The Special Marriage Act, 1954, Indian Divorce Act, 1869, and The Dissolution of Muslim Marriages Act, 1939.
The Hindu Marriage Act, 1955:
Section 13 lays down grounds on which a divorce petition can be filed by a husband or wife. Following are the grounds-
Adultery- The first ground is adultery. If a husband or wife had sexual intercourse with a person other than his or her spouse then, the divorce petition can be filed.
Cruelty- If the party to marriage performs any act of cruelty, then his/her spouse can file for divorce. Here, the term ‘cruelty’ includes both mental and physical cruelty.
Desertion- It means to move out of a matrimonial home and desert the spouse. If a husband or wife deserts his/her spouse for two or more years, then it becomes a ground for divorce.
Conversion- If any Hindu husband or wife converts to another religion then a divorce petition can be filed against him/her.
Unsoundness of mind- If the spouse is suffering from an incurable mental disorder to an extent that it is reasonably not expected to live with him/her, it becomes a ground for divorce. The term “mental disorder” is described in the first explanation to Section 13 as “mental illness, arrested or incomplete development of mind, psychopathic disorder or any other disorder or disability of mind and include schizophrenia”.
Communicable disease- Incurable form of leprosy and venereal disease is also a ground for divorce.
Presumption of death- A divorce petition can be filed against any person whose whereabouts are not known for seven years.
Judicial separation- If there has been no cohabitation between the parties for 1 year or upwards who were living separately under the decree of judicial separation.
Restitution of conjugal rights- When husband/wife obtains the decree of conjugal rights and there is no restitution of conjugal rights for the period of 1 year or more then a divorce petition can be filed.
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ABOUT THE AUTHOR
Ankit Sharma is an alumnus of IILM Institute of Noida and has been working in the legal field for the past 11 years. He is known to provide an in-depth legal solution to his clients.