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If the parties arrived at an understanding that they have decided to set apart, it would be easy for the parties to move the petition before the court having jurisdiction so as to shorten the length of long drawn litigation and obtain the divorce decree. As per law, duration/time of obtaining mutual consent divorce is six months. However, the parties can file an application for waiver to the said time duration by stating the reasons. Legally the term used “ Waiver of duration of cooling off period”.
The divorce can also be obtained by husband or the wife as the case may be. There are different clause dealing with the divorce for different section of society. Special Marriage Act provides for grounds for divorce for people whose marriages got registered under the Special Marriage Act, 1954. Broad grounds for divorce are as under:
- 1. Divorce on the ground of cruelty;
- 2. Divorce on the ground of mental disorder;
- 3. Divorce on the ground of renounce of world;
- 4. Divorce on the ground of desertion;
- 5. Divorce on the ground of conversion of religion.
NRI Divorce in India
Non-resident Indian (NRI), Indian settled abroad or on work permit who are involved in matrimonial crisis faces many problems of legal issues like child custody, annulment of marriage and consequential legal proceedings. They have option of filing of divorce case in India but the biggest problem they face is direct interaction with his/her prospective divorce lawyer or attorney to understand the complex issue of trans border divorce cases and NRI divorce laws. Aggarwal Associates has the expertise in this area of divorce. We understand that the time is essence and appearing in the court is also very crucial. In such situation, we render special services and represent our client in the Courts of India.
We give regular update to our client about the development of stages in court case. We are just a call away. We have achieved commendable success in NRIs matrimonial cases by adopting practical approach in the resolution of dispute.
In the cases filed by the wife viz. 498A of IPC & Domestic Violence Case. In the legal system of India, the wives would often file criminal case not only against the husband but also against the family of in-laws. In such situation, our team would ensure that the in-laws may not go through the complex situation on account of the criminal case being filed against the family members. At the first instance, the requirement would necessitate the interim protection, anticipatory bail and regular bail. We provide our expertize service in defending the clients.
In the cases instituted under Protection of Women from domestic violence act, 2005, popularly known as Capital DV provides number of rights to victims of domestic violence. As per the provisions of DV Act, the wife can get maintenance amount, the right to residence, protection and child custody, etc. The domestic violence provides for the right of women to reside in the property of husband no matter whether wife has any title over the property or not.
In the cases of DV law, if the false cases found filed against the husband and their families.We provide solution as to how the problems can be sorted out with minimum risk to the reputation of the families, apart from ensuring minimum loss to the husband in terms of money and time.
Restitution of Conjugal Rights/Annulment of Marriage
As per the provision of law, either of the spouse can file the case of restitution of conjugal rights to ensure that the partner may stay with him or her and that the deserting partner should not go scot free. This remedy is often used strategically in fighting matrimonial cases. Whereas the application for annulment of marriage can be filed on the grounds as provided under the law. If the party is successful in proving the case, the marriage can be declared as white. Resultantly, the Court would consider that the marriage has not taken place and the tag of the divorcee would not be attached. We offer expert legal consultation services on divorce and matrimonial cases for domestic and NRI clients in Ahmedabad Gujarat. Get a good divorce lawyer in Ahmedabad. Contact Today!https://www.advocatesgujarat.com