A spiritual or legally binding bond between two people is marriage. These days, many people frequently experience problems in their marriages and desire to escape the responsibilities or constraints of matrimony.

Because Hindus view marriage as a sacramental union, divorce and separation were once frowned upon in the society. However, when people’s perspectives shifted, they began to think more generously, and India’s legal reforms included provisions for divorce.

Divorce can be defined as the termination of the marriage contract and the associated obligations. A divorce petition is a legal document that is filed by a husband or wife who wants to divorce their partner through a certain Divorce Lawyer New Delhi.

The Personal Laws of the Religions govern the partners’ marriage and divorce.

What are the different types of divorce can be filed under Hindu law?

Divorce under Hindu law can be classified into 2 types:

1. Mutual divorce:

Section 13-B of the Hindu Marriage Act governs mutual divorce. As the name implies, in a mutual divorce, the husband and wife mutually agree and give their agreement to an amicable divorce.

There are only two prerequisites for requesting a mutual divorce: one is that both parties must agree to the divorce and the other is that they must have lived apart for at least a year.

2. Contested Divorce:

A contested divorce is one where one or both spouses file for divorce. The grounds for pursuing a contested divorce are outlined in Section 13 of the Hindu Marriage Act, 1955, and include things like cruelty, religious conversion, mental incapacity, communicable sickness, or either partner being unheard for longer than seven years.

Muslims can divorce one another by mutual agreement in one of two ways: khula divorce or mubarat divorce.

1. Khula

In this type of divorce, the wife considers asking the spouse to get a divorce on her own terms.

1. Mubarat

In mubarat, the divorce is a mutual decision between the husband and wife. If the spouse accepts the offer made by one party, the divorce is finalised.

The grounds for filing a divorce petition are outlined in Section 13 for both husbands and wives. The reasons are as follows:

1. Adultery

Adultery is the first defence. Whether the husband or wife engaged in sexual activity with someone other than their spouse.

2. Cruelty

If one of the parties to the marriage commits any act of cruelty, the other party has the right to apply for divorce.

3. Desertion

Deserting your spouse by leaving the marital home is known as desertion. Divorce is possible if a husband or wife has deserted their spouse for two or more years.

4. Conversion

A divorce petition may be filed against a Hindu husband or wife who changes to a different religion.

5. Unsoundness of mind

It becomes grounds for divorce if the spouse has an incurable mental disease to the point where it is reasonable to assume that they cannot coexist.

6. Communicable disease

Leprosy in its incurable form and venereal illness are further grounds for divorce.

7. Renunciation from the world

Divorce is permitted on the basis of renunciation of the world. If a person gives up on the world, their spouse may apply for divorce.

8. Presumption of death

Any person whose whereabouts have been unknown for seven years is eligible for divorce.

9. Judicial separation

If the partners, who were living apart as per the judicial separation decision, have not cohabited for a period of one year or longer.

10. Restitution of conjugal rights

A divorce petition may be filed when the husband or wife receives the decree of conjugal rights and there has been no restitution of those rights for a period of one year or longer.

A divorce lawyer in delhi can help you to obtain your divorce under any of the above reasons.

Divorce may be a solution for many things for couples, but it is not an easy thing. These cases involve countless challenges. You must deal with emotional stress and the confusing and complicated legal proceedings when parting your ways with your spouse. You need a competent divorce lawyer to make this often confusing and complex process much less stressful for you.

The divorce lawyer in Delhi can assure you to protect your right at every step of the process. You may sometime wonder why you need a professional lawyer because they often charge a considerable fee. Even though such cases involve a huge cost, it is still wise to have a competent divorce attorney by your side. It is not wise to take a divorce case lightly.

Many people think they can take care of their divorce cases. What they don’t know is that it can lead them to the path of litigation, a complicated and lengthy process. At the same time, you don’t wish to face any infidelity issue popping up during the court proceedings. You may always have a feeling of having something additional at stake when the officer asks you about it.

There are some ways divorce affects families physically and emotionally, and financially too. The wisest choice is to get the best divorce lawyers for your case if you don’t want to regret it later. In this way, you can ensure that everything will resolve smoothly. There are plenty of other reasons, apart from this one, why you need a professional and reliable divorce lawyer. As you read through this post, you will get to know these reasons and many more. So, skim through it.

Reasons to hire a divorce lawyer

The most prominent reasons to hire a divorce lawyer for your case include –

• They can refrain you from making critical decisions in haste.
• They will assist you in navigating through the complicated legal system.
• They can help you hire or get help from other experts if needed.
• They will help you maintain a financial and mental safeguard.
• They will handle the enormous number of documents on your behalf.
• They will expedite the process.

You have the reason to hire Delhi divorce lawyers. The next step is to know what to expect from your lawyer.

Things to expect from your divorce lawyer

Selecting a divorce attorney can be a challenging and time-consuming procedure. You need a lawyer immediately, but evaluate the prospective candidates to know whether they have the qualification to handle your case. People often have no idea what to expect when hiring advocates for your case. That is why choosing the virtuous one is crucial, and you should understand what to expect from them.

Below is the list of what to expect from your divorce lawyer.

• Counselling on expenses
• Truth discovery
• Easy to contact
• Attempting to settle
• Preparing for trial

Talking is crucial when hiring a divorce lawyer. It will help you understand their expertise, and by discussing your case, you will get an idea about their understanding and skill in the specific area. At the same time, you will know how they will take forward your case. The cost of hiring a lawyer may vary. However, it may cost around 1lakh or more.

It is essential to hire a lawyer near you. The documentation and process of divorce require are time-consuming. It is better to hire near you as it is easier to contact and meet in person to discuss details. If you are wondering about the quickest way to get a divorce, mutual consent is the one.

It is also a less torturous process of getting a divorce. However, it is a less – time-consuming divorce procedure and has nominal litigation fees. It still requires a lawyer’s help to settle the process.

Seeking divorce in India is a long, drawn-out affair. It involves many legal procedures and takes a minimum of six months to see the results. Divorce is a lengthy process involving the presentation and verification of numerous documents and assuring compliance with the procedure for getting the divorce. The process becomes extensive and more tedious in the absence of documentation.

Hiring a Divorce Lawyer New Delhi will help you to cut these unnecessary hurdles and help you prepare all the required documentation. Depending upon the basis of divorce, you may find differences in the documents needed for a divorce case. To make things smoother, here is a guide to prepare the documents you need for a hassle-free and easy divorce procedure. However, before collecting the essential documents, you must comprehend the different grounds for divorce in India.

What is the different basis for Divorce in India?

As per the Hindu Marriage Act 1955, both spouses, either the husband or the wife, can file for a divorce. It enables the petitioner the right to dissolve the marriage officiated before and after the commencement of the Act. A petitioner will get a divorce based on the following actions by the other party.

• When treating the petitioner with cruelty after officiating the marriage
• When the other party had voluntary sexual intercourse with anyone other than their spouse after the solemnisation of marriage.
• Deserting the spouse for a sustained period of not less than two years instantly preceding the presentation of the divorce petition.
• Ceasing to be Hindu or conversion to another religion
• Incurable unsound mind, or suffering intermittently or continuously from mental disorder to such an extent and kind that the other spouse cannot reasonably look forward to living with the respondent
• Suffering from diseases or diseases in a communicable form or Leprosy
• Having a venereal disease in a transmissible way
• Repudiating the world after entering any religious order
• Not hearing anything about being alive for seven or more years by any person who would naturally have heard

The documentation for the divorce case may vary depending upon the grounds for filing the petition. Here is the list of some conventional documents for divorce filing.

What are the documents for filing a divorce petition?

Whether you are going for mutual consent or contesting a divorce case, your divorce lawyer in Delhi will ask you to present the following documents –

• Address proof of both the spouse
• Current earnings and details of the profession of the husband and the wife
• Certificate of their marriage
• Details of their family background
• Photographs of their marriage
• Evidence to prove that the spouse has been living separately for a year or more
• Proofs of the failed attempts at reconciliation
• The income tax statement for the last 2-3years of the spouse
• Information about the assets and property of both parties

You may also need to present other documents depending on the circumstances and facts of the case. As such, you need to show a medical report of physical abuse if filing for divorce based on cruelty. In such circumstances, you also need to present the evidence showing cruel behaviour and statements of witnesses who have witnessed the brutal act. At the same time, provide evidence and proof of adultery when filing for divorce based on infidelity.

Therefore, you need to present some documents irrespective of the basis of the divorce. However, to prove the ground of the petition, you will need documental evidence. There is no fixed rule that authorities need documents. Instead, documentation serves and evaluates what suits best for your case. You need documentation to support your claim when filing your petition to dissolve the marriage. The divorce application form is easily obtainable online. You can check it at any time.