We offers a wide range of legal services related to divorce & matrimonial cases which includes Divorce cases in Kolkata and entire India Child Custody , Maintenance including Criminal Proceedings , Annulment Of Marriage , Restitution Of Conjugal Rights , Domestic Violence, NRI Divorce , Foreign Divorce
Divorce by Mutual Consent is
the simplest and easiest way of dissolving marriage. Procedure for Mutual
Consent Divorce is laid down as under for easy understanding:-
• Both Parties ie Husband and Wife have to reach
to Mutual understanding and agreement regarding terms and conditions for
Divorce.
• On the basis of settlement and agreement,
petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is
filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages,
section 10 A of the Indian Divorce Act. Under secular or civil marriages,
section 28 of the Special Marriage Act.
• Divorce Petition will be drafted which will
include terms of settlement agreed between parties.
• After both parties signature ,Such Mutual
Consent Divorce Petition shall be filed in the Court as court procedure.
• Matter will come up for hearing in the Court
and generally parties have to be present before the Court.
• After hearing , First Motion will be passed.
• Court gives SIX months time to parties to
reconsider their decision. This is called cooling period generally.
• Second Motion is set up.
• Both parties have to present in the court
physically and file written evidence before the court. Statement of parties
will be recorded by the ld. court.
• After such recording of statement, Court will
pass judgement and decree for divorce.
Six months Waiver in Mutual Consent Divorce:-
Law specifically provided six months gap or
waiting period between First Motion and Second Motion. But in 2017 Supreme
Court ruled this Six month waiting period is not mandatory , District Court can
waive this waiting period.
Contested Divorce proceedings
commences with filing of Divorce petition. Family Court/Civil Court causes a
notice to be served on the opposite party for appearance.
On receipt of summons, opposite party has to
appear in person and/or through divorce lawyer and file the response.
Court may try to resolve the differences between
parties to start with by conducting conciliation or sending the matter to
counselor/mediation center. If there is no settlement between parties, divorce
case proceeds as per procedure.
Once initial allegation and response and counter
allegations process are over, which is called pleading, case is set up for
evidence after determining issues of controversy between parties.
Party initiating contested divorce has to start
with the evidence first. Other party is given a chance to cross examination
witness/es of the opposite party.
After that responding party i.e. Respondent has
to lead evidence. Similarly, cross examination process is conducted by the
divorce lawyer of opposite side.
After conclusion of evidence, Final arguments
are advances by divorce lawyers from both sides.
Then the court pronounces judgement. If party
initiating divorce is able to prove the case, Family Court/Civil Court will
grant the decree of Divorce.
Non-resident Indians, Indian
citizens who have either settled abroad or are temporarily abroad on work
permits, involved in matrimonial difficulty can face particular difficulties
when confronted with complex issues such as divorce, annulment of marriage,
child custody and other legal proceedings.
Non-resident Indians have the ability to file
their applications for divorce in India. However, direct contact and
communication with their prospective divorce attorney in order to understand
the complexities and issues around trans-border divorce cases and Non-resident
Indian divorce laws can be challenging.
At DIVORCE LAWYER KOLKATA, we have expertise in
this complex field of divorce with Non-resident Indians. Court proceedings can
be expensive, time-consuming and emotionally challenging. Accordingly, our
specialized service helps to minimize these issues. Our team can and will
attend court hearings for our clients and keep the need for attendance by a
party not resident in India to a minimum. We also embrace alternative methods
minimizing the need for lengthy travel of our clients, such as
video-conferencing and divorce by mutual consent power of attorney. These
methods ensure that our clients do not need to travel large distances and lose
time in attending court.
Further, we constantly update our clients as to
the status of the court proceedings and ensure that any questions they have are
answered promptly. We are flexible in our availability and always do our utmost
to support clients. This has allowed us to achieve results for our clients not
resident in India in resolving disputes they have.
Annulment or Nullity of marriage means that the
marriage has not happened at all. After getting the annulment or nullity
decree, the status of the individual is UNMARRIED/SINGLE,
Conditions of the annulment
of the marriage are:
a. The marriage has not been consummated ( no
sexual relationship has occurred between the husband and wife)
b. It should not have been in the prohibitive
relationships (Husband and wife cannot be as brother and sister, like first or
second cousin, or through same father and different mother etc., unless
accepted by the caste)
c. This marriage should not have happened
through fraud or force and without the consent of both the individuals to the
marriage.
d. The marriage should not have happened through
the concealment of the facts. (like either parties were married before and
later divorced, or have a child through previous relationship)
e. The parties of the marriage should not have
the contagious disease which cannot be cured within the specified period of 1
year.
f. The parties of marriage should not be
impotent or have the disease which can be unable to bear the family.
g. The parties of the marriage should not be of
unsound mind.
h. The parties of the marriage should not be in
any marriage earlier, and if the marriage has happened, the divorce should have
been happened (except for Muslims) before the second marriage.
* it is mandatory to be filed within one year of
the marriage or 1 year from the date when the fraud came into light.
Presently, matrimonial cases
are not confined within the realm of civil and family laws. Such cases can have
criminal character too. Generally, wherever there is a cruelty exercised by the
husband or his relative upon the wife in regard to the demand of dowry, a
criminal case under section 498A of IPCis registered against the husband and
the other relatives who were causing such cruelty or whose name is mentioned in
the complaint by the wife. Along with this a case under section 406 of IPC is
registered for criminal breach of trust beside other provision of IPC and Dowry
Prohibitions Act.
In such cases, at the first instance, husband
and his relatives have to apply for the interim protection, anticipatory bail
and regular bail, etc. We provide our expertise service in this regard in
defending as well as prosecuting the case. We have vast court experience in
this regard. We also try to effectively negotiate and settle the matter in
between the parties so that the parties can be saved from the traumatic
experience of criminal proceedings.
Protection of Women from Domestic Violence Act, 2005, popularly called as Domestic Violence Law or DV provides variety of rights to women victim of Domestic Violence. Such rights include claim of monetary relief, rights to residence, compensation for domestic violence, protection order, and child custody amongst other reliefs.
Domestic violence Act has come into force with objective of expeditious disposal of the claim of women who are victim of domestic violence. Domestic violence complaint is filed in the Court of Magistrate who is empowered to pass exparte orders. Domestic violence has come in to force with objective of providing economic justice and independence to women victim of domestic violence. Domestic violence law specifically provides the right to residence. Right to residence includes in living in the shared house hold irrespective of fact whether wife has right, title or interest over the property/residence. This specific provision is inserted in Domestic Violence law to arrest the menace of abandoning the woman and children, if any, without roof and shelter in case of matrimonial disputes. DV Act also provides for alternate accommodation. Hence, law cast a mandate on the husband to provide residence to the wife. Such residence can be shared house hold where husband and wife lived together and made such house as their matrimonial house. Alternatively, law mandates husband to provide alternate residence comparable to the one previously enjoyed by the wife while living together.