Best Divorce Lawyers In bangalore: Mutal, Hindu & Christian Process
History’s legal precedents reveal marriage as an intricate phenomenon that cannot be reduced to any single principle, idea, or notion. Instead, it represents an amalgam of multiple rules that cannot be reduced into an exact set. Marriage unites two individuals into an intricate social institution that serves the greater good.
Marriage has long been part of human culture and society; throughout history, it has evolved with set rules in the form of laws regulating them worldwide. At the same time, divorce has also emerged into society as an accepted practice — should your relationship end, seeking advice from an experienced divorce advocate can provide invaluable help and assistance during its dissolution in Bangalore.
What is Divorce?
Divorce occurs when there is legal dissolution of legal ties established at marriage through legal separation through divorce proceedings or dissolution. Divorce (sometimes also called dissolution of marriage ) provides legal separation without death as an avenue, so both spouses remain independent individuals who can then marry immediately or after some period.
Traditionally, human society had limited sympathy for divorce; thus, legal marriage bonds were usually strong. With changes to societal norms come increased expectations from each spouse that, when not fulfilled, lead to conflict; when that doesn’t occur, disharmony ensues, compromising mental health, behavior patterns, financial instability, work-life quality of life, etc.
Identifying when marital cords lose harmony and impact one’s holistic well-being is a crucial first step toward healthy relationships. Our experience engaging with couples experiencing disharmony in their marriage shows the emotional burden and social pressure one goes through when on the brink of separation.
Divorce Types in Bangalore, India
Divorce may become necessary when the marriage has completely disintegrated and continuing the formal bond itself is no longer creating happiness or peace for either partner. Divorces fall under one of two broad categories — Mutual or Contested Divorces.
Mutual or “no fault divorces” involve no accusations between both spouses; both agree on parting ways while settling any financial liabilities and dividing assets; child custody/support arrangements have also been reached upon, and payment for maintenance/alimony plans have been set in motion.
No grounds are required to file for divorce through mutual consent; however, certain preconditions must first be fulfilled.
a) Verify that a legal marriage exists according to applicable law.
b) Both parties lived together as husband and wife but could no longer live together for various reasons, so they parted ways and divorced.
C) Under Section 14 of the Hindu Marriage Act 1955 and Section 29 of the Special Marriage Act 1954, at least one year must pass between the marriage date and its annulment.
d) Separation between spouses for at least one year must take place for this provision to apply; Section 13B of the Hindu Marriage Act 1955 and 28 of Special Marriage Act 54 require this condition for this process to occur.
According to Section 10A of Divorce Act 1869 for Christians, two years was a mandatory waiting period before seeking legal separation; however, as decided in Shiv Kumar v Union of India case (AIR 2014 Karnataka 73 2014), by High Court of Karnataka one year was reduced to align this provision with other laws and ensure fairness for both parties involved.
The separation between spouses means they reside separately or under the same roof but do not share an exclusive household arrangement, have separate finances, and have individual responsibilities that don’t depend on each other.
Also Read: — Types of divorce in india
These conditions may be illustrated through an example;
Mr. X & Mrs. Y were married on 01.01.2020 and lived as husband & wife for some time until 10.01.2020 when they started living separately, and the date for filing for divorce can be 11.01.2021 or later.
e) Both parties agree on the possible incapability of reconciliation or cohabitation.
f) Under the law, after filing the joint petition, there should be an eight-month waiting period — also referred to as a “cooling-off period” — in which both sides can revisit decisions made under pressure in case any decisions made too quickly were rashly made in anger. Courts retain discretionary power in extreme circumstances when granting exemptions from cooling period requirements.
Amardeep Singh v Harveen Kaur (AIR 2017 SUPREME COURT 4417, 2017–8) involved mutual consent divorce as an option and stated its purpose as follows. “This provision exists so as to enable couples who feel their marriage has irretrievably broken down to reach an amicable agreement over its dissolution while making available any rehabilitation possibilities that exist.”
This amendment stemmed from the belief that forcibly perpetuating matrimony between unwilling partners was unnecessary and harmful, hence why cooling-off periods were introduced if there was the possibility for differences to be resolved and hasty decisions were being made quickly.
The goal was not to prolong an unproductive marriage or prolong parties’ suffering when no hope of reconciliation existed. While every effort must be taken to save marriages, if all attempts at doing so fail and the potential of fresh rehabilitation exists, the Court should assist both sides to take better steps forward.”
Contested Divorces
“Fault Divorces” occur when one spouse files for dissolution of marriage with specific reasons provided under applicable religious or civil legislation governing solemnization, regardless of which statute was initially invoked for its legalization; regardless, grounds remain the same.
One spouse initiates the divorce proceedings by filing a petition; consent from both isn’t needed at first; however, as proceedings progress, an agreement may be reached regarding specific terms and conditions to resolve issues between them.
Prerequisites: a) Legal Marriage by local laws is necessary.
b) Both parties initially lived as husband and wife before living separately as husband and wife due to the inability to cohabit without necessarily being physically separated. The term ‘living separately” here simply denotes not cohabitating intimately without reference to the physical space of the residence.
c) According to Section 14 of the Hindu Marriage Act 1955 and Section 29 of the Special Marriage Act 1954, one year should pass from the date of marriage for final postnuptial agreements.
Illustration: On January 1st, 2020, Mr A and Mrs B married but began living apart as of 10 January 2021; therefore, their divorce can only be filed upon being living apart since 2 January 2021 or after that.
Grounds for Contested Divorce in India Grounds refers to why one seeks separation from one’s spouse. When initiating divorce proceedings, one spouse files a petition citing reasons under applicable laws for doing so simultaneously upon receiving summonses issued against such cases by opposing stated grounds or making other arguments to prevent their spouse’s filing for it or by setting forth additional ones arguing why divorce should take place instead.
A consensual sexual encounter between two persons who are not legally married to each other but at least one has another significant marital commitment is called adultery, one of the essential grounds for matrimonial relief and grounds to seek divorce from both partners involved. While adultery itself has been decriminalized under criminal law, its impact can still lead one partner of an adulterer to petition for dissolution of marriage as soon as it happens.
Analogous provisions in law:
Hindu Marriage Act, 1955 — Section 13 (1)(i).
Section 27(1) (a). In 1954, The Particular Marriage Act provided for marriage licenses under specific provisions outlined in section 27 (1)(a).
Divorce Act of 1869: Section 10 (1)(i).
Cruelty
According to Savitri Pandey v Premchandra Pandey (2002 AIR 2002 SUPREME COURT 591(2)) SCC 73(2002) of the Supreme Court judgment ‘cruelty’ refers to any conduct from one spouse against the other that creates reasonable fear that living together could be dangerous or harmful; such conduct may include physical or mental abuse but should never be judged based solely on how it impacts on either partner; instead, judgment must be made based on overall course of conduct that could potentially endanger each partner living together — not personal opinion of either party involved.
Cruelty may take many forms; its severity varies with individuals according to physical, psychological, social, and economic status as well as position in the life of the parties involved. Conduct that violates marriage must go beyond routine wear-and-tear issues of married life. At this time, our experience in handling matrimonial matters makes us compassionate counselors who pay close attention to details while working towards finding suitable relief when facing your partner’s cruelty.
Analogous provisions in law:
Indian Marriage Act, 1955 — Section 13 (1)(a).
Special Marriage Act, 1954 — Section 27 (1)(d).
Divorce Act of 1869 — Section 10 (1)(x).
Desertion
Desertion occurs when one partner intentionally and permanently abandons another without that partner’s express or implicit permission and reasonable cause, not simply withdrawing physically but rejecting all obligations related to marriage altogether. Deserted spouses usually initiate divorce proceedings. When applying these criteria, at minimum two years have to have passed since separation with intentions to bring cohabitation permanently to an end by their deserters; when seeking to divorce themselves, they need to provide evidence substantiating this situation, such as no consent for withdrawal from the company and conduct providing reasonable cause that led them away from the marital home.
Analogous provisions of law:
Hindu Marriage Act, 1955 — Section 13 (1)(ib).
Section 27(1) (b) of the Special Marriage Act 1954 provides further detail.
Divorce Act of 1869 — Section 10 (1)(ix).
Convert to Other Religion
Conversion occurs when someone willingly abandons their religion to embrace another faith through some formal ceremony; alternatively, adoption of faith rules alone suffices if no formal ceremony can be verified as part of conversion; for example, under the Hindu Marriage Act 1955, all religious faiths (Hinduism, Buddhism, Jainism, and Sikhiism) fall under its purview, and therefore conversion among these faiths may not count as conversion to another one; conversion by a Hindu spouse acknowledging Christianity/ Islam is considered conversion under matrimonial law as long as formal recognition occurs formally as part of faith/ belief system or belief system changes and not among their faith community — conversions between these faiths cannot count as conversion in terms of marital law considerations.
Apart from marriage under the Special Marriage Act 1954, which permits interreligious unions, conversion can provide matrimonial relief.
Analogous provisions of law:
Hindu Marriage Act of 1955 — Section 13(1)(ii).
Divorce Act, 1869 — Section 10 (1)(ii).
Under matrimonial statutes, “unsoundness of Mind” refers to any level of mental disturbance that renders someone immune from certain legal obligations or privileges that require competence; a highly stringent standard of proof is expected when alleging unsoundness of mind of one spouse against the other; usually medical examination reports which demonstrate such disorders serve as proof.
Analogous provisions of law:
Hindu Marriage Act, 1955 — Section 13 (1)(iii).
Section 27 (1)(e), Special Marriage Act of 1954
Divorce Act of 1869 — Section 10 (1)(iii).
If one spouse is suffering from Venereal Diseases (VDs), which are diseases spread via sexual encounters and known as Sexually Transmitted Infection (STIs) or Sexually Transmitted Diseases (STDs), their partner could seek a divorce based on these grounds for doing so.
Analogous provisions of law:
Hindu Marriage Act of 1955 — Section 13 (1)(v).
Special Marriage Act, 1954 — Section 27 (1)(f).
Divorce Act of 1869 — Section 10 (1)(v).
g) Abandonment of Worldly Things
In cases where one spouse chooses to follow any religious order and withdraw from society, their partner can seek matrimonial relief.
Provision of Law: WV Marriage Act 1955 — Section 13 (1)(vi).
h) Disappearance
Remains unknown or disappearance is a different ground for divorce than desertion in that both partners know whether the other is alive and living or dead as a long time has gone by since hearing anything of them — typically seven years in secular law and four under Muslim personal law (unless exceptional circumstances apply).
Legal requirements that resemble similar provisions:
Hindu Marriage Act of 1955 — Section 13 (1)(vii).
Particular Marriage Act of 1954 — Section 27(1)(h).
Divorce Act of 1869 — Section 10 (1)(vi).
No Cohabitation post RCR Order
Restitution of Conjugal Rights or RCR can be sought by either spouse who feels abandoned by their partner. It applies against anyone who leaves without reasonable cause and refuses to cohabitate; after getting this order, if neither partner cohabits for one year after getting this ruling, this can serve as grounds against one party for abandonment.
Comparable provisions in law:
Hindu Marriage Act, 1955 — Section 13 (1A).
Particular Marriage Act of 1954 — Section 27 (2)
Divorce Act of 1869: Section 10 (1)(viii).
The irretrievable breakdown of marriage
Even though the irretrievable breakdown of the marriage may not be listed under applicable divorce laws, due to court decisions, this has become an acceptable reason for spouses seeking remedy through divorce proceedings. Court decisions have considered either fault grounds or mental cruelty when making their determinations regarding remedy options for this marriage-ending cause of action.
Procedure For Divorce in Bangalore, India
Legal steps must be followed when dissolving lawful wedlock, so professional assistance from a divorce lawyer may be essential to ease this difficult separation and divorce.
Jurisdiction of Court (Where can one file for Divorce?)
Divorce petitions must be presented at the district court (including the Family Court within local limits and exercising its regular original civil jurisdiction), where applicable.
i) Was the marriage solemnized or not?
When filing their petitions, the respondent resides or was found in their current location.
iii) Both parties to the marriage previously resided together, or both lived with an intermediary before the marriage was finalized, or
If the petitioner is her wife, her residence at the time she presented the suit should also be noted; alternatively, she can give an address where her suit may be served.
v) At the time of filing his or her petition, when responding parties reside outside of territories covered by this Act or have not heard about him in at least seven years by those likely to recognize their existence, the petitioner must reside at his/her place of petition presentation for their petition to proceed as lawfully as possible.
Your divorce lawyer is essential in understanding where and when your case must be filed; contact our best divorce advocate in Bangalore now for guidance!
Analogous provisions of law:
Step One of a Divorce Procedure in Bangalore, India Select an Attorney
Being in a country inhabited by multiple religions and having various laws regarding marriage, divorce, child custody, and succession that differ, you may need help comprehending all its provisions. A divorce lawyer knows and understands these regulations well so that they can guide your case efficiently.
Step Two: Consulting With Lawyer
Making an appointment with the right divorce advocate is just a click away, so prepare by writing down any thoughts and queries regarding your intended separation or divorce process as preparation.
Your spouse and you may choose one or two advocates to represent both of you in court proceedings. However, a mutual consent divorce requires all terms of separation to be discussed openly by both partners and agreed upon before seeking guidance from your divorce advocate on reaching an accordant decision.
Step 3: Provide Documents
Documents may include address proof for both parties involved, marriage certificate, invitation card, photograph, birth certificate if applicable, and any additional evidence that might support facts in your petition.
Step 4: Petition Filing With Mutual Consent/Contest Filing (Joint Petition/Filing of Contest Petition).
An advocate will draft a joint petition that contains your details. After reading through and signing it, you and your spouse will need to inscribe your signatures after reading through all related affidavit/s and filing it at the court of jurisdiction along with necessary documentation.
Step 5: Waiting Period for Mutual Consent or Summons (Contested).
Under the law, once an action for mutual consent divorce has been filed with a court, six months should pass before moving to its conclusion. This period, known as the waiting or cooling-off period, is given so parties may try reconciliation first before going further with legal proceedings; if irretrievable damage to the marriage exists, then the court could waive this time limit altogether.
A compelling argument by your counsel (advocate/lawyer) could help eliminate this waiting period. When proceeding with a contested divorce, summonses will be issued directly to each party at their addresses provided on the petition form.
Step 6: Hearings & Mediations (Mutual Consent)/ Court Proceedings (Contested).
At your scheduled hearing date — either after six months have elapsed or, should your lawyer waive the waiting period, an earlier one — both spouses must appear together before a judge for proceedings to move forward successfully.
Before this happens, all matters concerning property and assets distribution/transfer, liabilities assigned/asserted against, child custody & support arrangements, maintenance/alimony payments, and any other relevant issues must be agreed upon and settled amicably amongst both parties involved.
Mediators meet with both sides to confirm there are no chances for reconciliation, then produce their report to court for review by a Judge who may pose additional questions based on facts stated in the petition and mediation report requiring parties to respond accordingly, during which process your lawyer will provide guidance and representation throughout this process.
Step 7: Divorce Decree After your final hearing has concluded on the same or the following day, a Judge issues the divorce decree to end your marriage legally. All parties present must also attend this step for it to go smoothly after completing the necessary paperwork and service of judgment copies to our offices.
Step 8: Once a judgment has been rendered
Mutual consent divorce does not permit appeal; only in instances of outstanding issues regarding child custody or property division that were not addressed earlier or any disputes regarding maintenance/alimony that arise later could new suits be filed. It’s wise to utilize the professional services of one of Bangalore’s finest divorce lawyers before seeking recourse via this route; otherwise, an aggrieved party has three months from filing suit in court to submit their appeal against its results.
Key Differences: Mutual Consent Divorce: Both parties mutually agree upon divorce terms and jointly file their petition in court, preceding any waiting periods required by agreement with the judge.
Contested Divorce: One party files for divorce without the consent of both partners, initiating an extended legal process involving hearings in court and potential mediation sessions.
At our Bangalore Divorce Firm, we understand the emotional strain associated with divorce can be immense; that’s why our compassionate guidance through its process is second to none. With years of experience handling family law cases in Bangalore alone, our seasoned divorce advocate offers invaluable expertise for your use during this difficult time.
At Family Law Mediation Service of Greater Detroit, we recognize that deciding to dissolve your marriage can be emotionally trying, so our compassionate divorce lawyers offer their legal expertise to support clients through this difficult time. Also, family law mediation ensures a respectful dialogue and promotes understanding between all parties involved, offering options and alternatives.
Understanding all the intricate aspects of divorce proceedings, we vigorously protect and advocate for your rights during proceedings — guaranteeing your voice is heard while prioritizing emotional well-being.
DivorcebyLaw provides an initial consultation with our expert divorce lawyers, allowing them to delve into your unique circumstances and assess and provide detailed analysis. In this session, they’ll gather essential data, address concerns, and outline legal solutions based on what laws pertain to your specific circumstance, potential outcomes, and challenges they might encounter while pursuing your case. Our Best Divorce Advocate in Bangalore for Online Consultation ensures you thoroughly comprehend this complex legal process for divorce — including which laws pertain, potential outcomes, and potential challenges faced along the way!
