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 이혼재산분할 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:
- Mutual Divorce
- Contested Divorce
- Child Custody
- Alimony
- Annulment of Marriage
- Domestic Violence
- Section 498 A
- Child Adoption
- Maintenance
- Judicial Separation
- Property Succession
- Ex-Parte Divorce
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.
Contested 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.