Getting a divorce is one of the most difficult phases of life that married couples have to go through. While the emotional struggle is overwhelming, handling the legal process can be more difficult in India. The court grants divorce only in cases where both the parties are not ready to adjust to each other. The first step is to look for an experienced divorce lawyer.
Looking for the best divorce lawyer
While looking for the best divorce lawyers in Delhi your search would end with the Best Divorce Lawyers Delhi, which is an online platform founded by an active divorce lawyer, Bharti Pandit. He works with his team of two more talented divorce lawyers who have expertise in matrimonial laws.
The firm’s mission is to help its clients to find the best solution in the minimum possible time. They charge no upfront fees if the divorce case gets settled through mutual consent and they make all attempts to make it happen that way. They do not want their clients to keep waiting for years on contested divorce.
Their office is in Uttam Nagar, New Delhi. You may visit their website for their contact information and call them for an appointment. Do not hesitate to get in touch with them for any kind of help on matrimonial or family problems. Bharti Pandit and his team of eminent lawyers understand your situation and will guide you towards a better tomorrow.
Rights after divorce
Once the divorce proceedings start, the three most contested matters are maintenance, child custody, and property.
Right to Maintenance
Maintenance is an amount that one spouse has to pay to another after divorce for their financial care. This idea was started as women were completely financially dependent on men which forced them to stay in a bad marriages.
Things have changed now since women are capable of being financially independent. Hence, now even men can claim maintenance under the Hindu Marriage Act, 1955.
This is the financial support provided to the wife during the interim period till the divorce is granted. This is to ensure that the wife has financial support during the duration of divorce proceedings.
Right to custody
Usually, the court provides child custody to non-working mothers but fathers are expected to provide financial support. If the child is below 5 years, the custody right goes to the mother since intensive care and nurturing are needed.
Right to Property
The property rights will automatically go to the sole owner as long as the partner does not raise any property dispute. If the property is purchased under the name of one spouse, they can claim their share by giving sufficient proof to the court. This includes financial statements and records. If it is a joint property, claims can be made irrespective of whoever has purchased it.
The woman receives Streedhan from her relatives, as a gift during the marriage. It is not dowry and can include both movable and immovable properties. This entire property goes to the woman without any question.
Indian divorce law amendments
The main goal of implementing divorce law is to reach and find points for settlement and cohabitation between the couples. The divorce laws in India are changing as the situation and circumstances are also changing. This change of law with time has resulted in the adoption of new rules for divorce in India.
The laws regarding divorce have been amended to ensure that there is relaxation in the lengthy process. Check the latest amendments made to the Indian divorce laws.
Six months period was waived off
The Hindu Marriage Act, 1955 grants six months of rehabilitation to the couple filing for divorce. The main purpose was to save the marriage. However, the Supreme Court has a different view on this law. It is not mandatory to take the option of six months and will depend on the discretion of the separating couples.
This is implemented to speed up the divorce process in the lower courts. The discretion of waiving off the 6 months can be administered when the couple wants to peacefully resolve their issues, including alimony, child custody, maintenance, or any other dispute.
However, the court is in the opinion possesses the power of announcing divorce with immediate relief when it is clear that the marriage cannot survive. Fresh rehabilitation can occur if the marriage is dissolved then in this case the court may exercise its discretion.
Maintenance for women in a live-in relationship
According to Section 25 of The Hindu Marriage Act, 1955, the latest amendment has been done concerning the Live-in relationships. The Supreme Court recognizes Live-in relationships as marriage and women can claim maintenance for the same.
If both the man and the woman have been staying together for a long period then there is no need to prove the marriage. This perspective has broadened the Rights of Women in India.
Adultery is not punishable
Adultery, committed by either sex was a ground for divorce. However, the Supreme Court has passed the judgment that it can no longer be considered an offense for granting a divorce.
The law is not in favor of giving punishment to spouses in case of matrimonial issues, as does not serve towards saving the marriage. Though it still serves as a ground for divorce, there is no restriction on the right to choose another partner after marriage.
Triple Talaq to be unconstitutional
The Muslim Law of following the practice of merely saying the word “talaq” three times was dissolved as a basis for divorce. The Apex court has deliberated upon the matter of triple talaq and has stated it unconstitutional. They reasoned that it violates the fundamental right of Muslim women in India.
The need to reform laws will exist as the society, its morals, and behavioral patterns will change. All this forms a basic reason to keep amending the laws time and again. The divorce laws in India are essential to regulate the dissolution of marriage and settle disputes among couples. The reformations in the divorce laws focus on the main changes that our society has gone through. Therefore, such reforms are for the benefit of Indian couples.