GROUNDS FOR DIVORCE

Marriage is considered as a sacred relationship between man and woman. Especially, in India, everyone believes that it’s a beautiful, joyful journey. But, one of the things that are rampant in India, is nowadays most of the marriages are getting end up in divorce proceedings. According to top divorce lawyers in Bangalore from past one decade, divorce rates have been alarmingly increasing. He also said that, in Bangalore, three more family courts were opened in 2013 to cater to the increasing demand. Looking at the present scenario, the main reason behind divorce is both husband and wife are not compatible with each other, or not able to spend time together as their lifestyles are so different or many more.

But to file a petition and get divorced either of the party has to prove the grounds of divorce mentioned under Section 13 of Hindu Marriage Act, 1955:-

  • Adultery also called for extra-marital affairs or infidelity.
  • Cruelty, which is very common, grounds for divorce, filed by women.
  • Desertion
  • Conversion: – There must be a voluntary relinquishment of Hindu religion by the respondent and formal ceremonial conversion to another religion so as to attract this provision for the purpose of divorce.
  • Unsoundness of mind
  • a virulent and incurable form of leprosy
  • Presumption of death
  • Renunciation

The above-mentioned ground of divorce differs from one religion to another. For example, if the party to the marriage has got imprisonment for 7 years or more then it’s a ground of divorce under Dissolution of Muslim Marriages Act, 1939 and Section 32 of the Parsi Marriage and Divorce Act, 1936. Even, failure to provide maintenance is a ground for divorce under Dissolution of Muslim Marriages Act, 1939. One of the divorce lawyers in Bangalore said, from past few years she has argued on more than 20 cases of divorce, mainly on the ground of cheating, adultery, and cruelty.

The grounds mentioned in Section 13(2) of Hindu Marriage Act 1955 are available only to wife:-

  • Bigamy
  • Sodomy, Bestiality
  • Rape
  • Repudiated the marriage after attaining the age of fifteen years but before attaining the age of eighteen years

Above reading, has given you an idea about grounds for divorce, but you need a lawyer for solving this issue. Our company Legal Resolved can help you out in getting divorce lawyers in Bangalore.  Moreover, a top advocate for divorce in Bangalore observed in his 30 years of experience, that more and more young couples are willing to end their marriage. Experts cite a range of reasons: impulse weddings, the waning influence of the joint family and the growing independence of women.

People get divorced for one reason and one reason only: One or both of them get selfish”

                                                                                                                                  Mark Gungor

 

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HYDERABAD CITY IS AT ITS GOOD FLOW WITH MARRIAGE REGISTRATION

Marriage is a sacrament that ties up two souls to a permanent relationship. But, have you ever realized that this tie of the permanent bond may shift to a transitory one and ended up with no respect for each other? With the passing of time, the behavior of individuals is also changing. As per Supreme Court ruling of 2006, it’s mandatory to have your marriage to be lawfully solemnized by getting the marriage registration certificate. Like other states, the marriage registration is also made compulsory in the state of Hyderabad. You can now easily take the legal advice in a very easy way irrespective of the state of where you belong. Legalresolved is one of those platforms with the wide networking of lawyers of different fields which provides online intermediary legal advice to individuals in different fields. So what are you waiting for? Get your marriage registered under the guidance of marriage registration attorney in Hyderabad.

Since the marriage registration is made obligatory for every indian irrespective to their religion, caste, and creed by the Supreme Court of India. If the Supreme Court is giving so much importance to it, it is also very much essential for you to know the importance of the marriage registration certificate. Reasons of such importance of marriage registration certificate are-

Secure the Rights of Women and Children– The most important reason why a married couple must register their marriage because their situation comes where the woman has to suffer from domestic violence from her husband and in-laws or may desert from her husband or may leave the child and the wife permanently without informing them and so on. The marriage registration certificate will prove as a legal evidence in case any woman wants to take any legal action to secure her and her child’s rights.

 

Child Custody– If you want to give your parental support to a child by taking him into your custody then the first and foremost duty on you part is to get your marriage registered. Because child custody will lead you to become a legal guardian of that child and to prove your marriage you have to show your marriage registration certificate.

 

Passport- If you are a married couple and want to go for abroad yet you don’t have the passport. In case of applying for a passport, marriage registration certificate will work as legal document proven that you are legally wedded, husband and wife.

Bank Account– Registering your marriage can also be useful for opening a bank account after marriage. During verification of your documents, you have to show your marriage certificate along with a number of documents.

Insurance Policy– After marriage, mostly husband makes their wife as their nominee of all policies. Where after the marriage, if the husband want to file life insurance policy and make his wife as his nominee then they must have to register their marriage bond. This will secure your family for the future purpose.

Property Dealings– In order to avoid the property dispute, it is very essential to get your marriage registration certificate as soon as possible. Where there arise any problem regarding any dealing of property like partition or succession, etc. then it becomes easier when ones have their marriage registration certificate.

In Hyderabad, the increasing rate of marriage registration is due to the growing rate of marriage disputes and in order to save your marriage or to preserve anyone’s rights it is mandatory on the part of the married couple to get their marriage registered as according to the provisions of the Hindu Marriage Act, 1955 or The Special Marriage Act, 1954. To come up with the marriage dispute solution, Legalresolved will assist you by providing the best advocate for marriage registration in Hyderabad who will help you to get proper justice.

 

Real Estate Litigation and Dispute Resolution – Legal Resolved

Our land suit legal advisors have an abundance of involvement in a range of land related debate. We speak to an expansive scope of land industry customers in state and government (counting chapter 11) courts, and we fill in as backers at the trial and re-appraising level; before regulatory offices; and in all types of option question determination, including assertion and intervention. Be that as it may, we are more than litigators: we comprehend the land business and set aside the opportunity to take in the complexities of our customers’ organizations also.Real Estate Litigation and Dispute Resolution

Our customers are proprietors, speculators, manufacturers, moneylenders, engineers, business and private landowners, business occupants, specialists and operators, contractual workers, banks and monetary establishments, proprietors’ affiliations, and media transmission bearers. We have dealt with question including basically all types of property interests, from substantial business advancements and pooled contract trusts to apartment suite structures and crude land.

Our land prosecution encounter incorporates:

    1. Buy and deal assertion debate.
    2. Joint proprietorship debate (e.g., organizations, LLCs, cotenants and different question between members inside a possession gathering).
    3. Calm title prosecution and antagonistic ownership claims.
    4. Land pledges debate
    5. Easement debate
    6. Timber trespass arraignment and barrier.
    7. Exhorting and speaking to mobile home stops and coasting home marinas
    8. Land financier claims
    9. Business and private rent question – landowner rights
    10. Business rent question – inhabitant’s rights
    11. Expulsions and removal resistance
    12. Legal and no judicial abandonments
    13. Safeguarding “wrongful dispossession” activities
    14. Receiverships and liquidation prosecution
    15. Lien question
    16. Famous space/judgment
    17. Title protection claims

 

Our lawyers know about the land business and markets in the regions where they rehearse. They are perceived pioneers in a land suit and are creators and moderators on land-related themes. They likewise work intimately with our land exchange authorities to convey the savviest and profitable counsel to illuminate question. Since the present land issues are progressively perplexing and quickly changing, our litigators additionally work with our company’s specialists in development, ecological direction, chapter 11 and other related territories of specialization to convey custom lawful administrations to fit your needs.

Our approach is centered on settling your debate in the way most fitting for your business. Since common suit is regularly a wasteful approach to determine debate, we generally investigate all accessible open doors for counteracting or settling any question through able arranging, transaction, and settlement or intervention techniques. Be that as it may, when you are compelled to secure or guard your property rights, we are here to speak to you as forceful, successful and effective supporters.

On the off chance that debate are not settled by arrangement, they will be closed either by court suit or an option type of question determination. The most well-known different strategies are discretion and intervention. The previous is regularly stipulated as the favored strategy in business contracts, and is basically a private court, while the last is by and large accomplished through organized arrangements between the gatherings, regulated by a free middle person.

A DIFFERENT TAKE ON DIVORCE: RETAINING THE RESPECT

“There was no violence, no demand for dowry, no cruel in-laws, no negligence, no financial reasons, but no love either. We had no apparent reason to separate, neither was there any reason to stay together. We both found love in other streams of life, and we mutually decided to part ways.”

This was said to us by a young couple in mid-thirties, seeking mutual consent divorce and settlement of child custody, in the busy and bustling Delhi. They did not want to go for marriage counseling and work on the relationship but were determined to seek divorce and separation.

The point is that we receive a number of cases a Month where couples seek a mutual divorce, with the only reason being that they have lost their love and found it elsewhere, in other people. The mutual respect they have for is laudable, considering that they are separating. There is no quarrel, no complaints, no demands, they have parted emotionally and only need a legal sanction”.

  • Srijay, Business Development Executive, Legal Resolved

 

We see a new emerging trend wherein divorce is sought by couple who simply get tired of living with each other, and explore ways to bring love in life from other people, often leading to instances of infidelity and adultery. The catch is that both partners reach an amicable agreement between them and just need a lawyer to put it officially on paper. They do not complain or go for long drawn procedures in a contested divorce, no protracted false allegations, no dragging of entire family into false 498-A cases to inflict torture, no cooked up adultery stories against each other, but decide to separate peacefully. Though the rates of divorce have gone up, the settlement becomes easy because they do not play tug of war with the assets or their children; they reach terms for maintenance, alimony and child custody.

 

Though the rates of adultery and infidelity have shot up, a considerable number of cases are solely due to this and there is no violence or cruelty on the part of either party, and they do not level accusations or demands against each other. It is a contrast to the conventional divorce scenario where you find them unable to stand each other and looking for ways to make their side of the case stronger. We cannot judge anyone, and I find these young couples more sorted and thoughtful than the conventionally intelligent older generation that usually had their lawyers spice up their side of the divorce petition to manipulate maintenance and alimony, and seek child custody. Though infidelity and adultery brings on frowns and invites more judgments than a cruel husband or in-laws (which is still regarded normal in atleast some parts of the society), we have seem these couples display more brain and tolerance and practical insight in dealing with life, love and loss. A divorce minus the grudge and courtroom battle and ego and all the rest of the negativity is less of a worry than those women and men who silently suffer the partner’s physical/emotional torture and live with it for the sake of family and society.

These are rather just examples of two sane people, who ended up with the wrong partner and could not make it work together, but are practical in dealing with the truth and retain their mutual respect, able to think from the other person’s perspective. One wrong step does not end your life, and the moment you decide to correct and move on is the moment you take control and change your life.

TRENDS OF DIVORCE IN CITIES

Most of the cities that are tech-hubs of India also happen to top the charts in its share of divorce and separation, due to a number of reasons. We receive an odd 450 inquiries and clients every week, seeking mutual divorce or contested divorce and with queries on ancillary matters like alimony, child custody, terms of the settlement, etc.  Some of the instances reveal genuinely suffocating partners facing constant harassment and cruelty, but we also come across several cases of one spouse deliberately trapping the other in tyranny with vengeance and spite.

One sad case that came to us was a woman Akriti with two young children and had been practically deserted by her husband. They were married about 7 years back, and she was brought here from the small town she grew up in. Her husband Sam with was working in an IT company and showed little interest in family matters, but she was too naïve to react or retaliate. Eventually, he stopped giving any money and stopped coming home, and she was left alone to fend for the family. She being barely educated, unemployed, and clueless about future, came to us after having got nowhere with family negotiations. We were able to secure her divorce from him showing reasons for desertion and mental cruelty. He had also got involved with another woman, so the process was easy to seek a divorce. She and the children receive monthly maintenance and are now much better off.

On the contrary, we also came across a couple Parth and Lousie who got married after a scandalous love affair, against both their parents and after 6 months of cohabitation, decided to get divorced. It was all based on impulsive decisions, and once differences began to surface, they were rather interested in separating than sorting out. So they mutually decided to draw up a settlement and got a mutual divorce through us.

What we have felt from observing the trend of cases that come to us, is that most young couples are inclined towards parting ways rather than hanging on, and believe in peaceful lives alone than compromising together. It is sad that all major life decisions are based on spur-of-the-moment instincts in a large majority of youth today. But a large number of people also silently suffer torments and cruelty from their partners, clinging on to the norms of the sanctity of marriage. The irony of this!

INCREASING RATES OF DIVORCE: AN ANALYSIS OF REASONS

Divorce has become a common phenomenon owing to the changes in the social balance and the dynamic change in the mindset of people who are unwilling to sacrifice a considerable part of their lives in adjusting to a partner they do not find themselves happy with.  The Higher level of education, awareness and independence of women in all strata of society has played a major in eliminating the ages old notion that they are destined to sacrifice and compromise, and not serve their significant half and his family as the purpose of their existence. Divorce lawyers all over India share experiences and stories of the requests and cases they receive from people seeking mutual divorce or contested divorce. It does not imply that it is only suffering women who seek divorce and separation from cruel husbands; the converse is also true and we come across numerous stories of men who suffer at the hands of manipulative and mistreating wives and families. An experienced divorce lawyer in Bangalore once told us that what matters, in the end, is that one partner is dominant and the other is all-enduring, and the latter eventually moves for a legal separation when they decide they have had enough. The times have changed and more people come out with their experiences now, which is indeed appreciable as it gives the requisite strength to more weak partners to speak up against abusive/exploitative marriages and fight for their rights. However, not all divorce cases are due to abuse and cruelty, says Adv. Arvind from Bangalore, “many couples in tech-cities are simply tired of each other and approach us for mutual divorce. They do not have time for personal life, and got married simply because that is how the society works. But then life happened, and the society cannot come live your life”. Marriage Counselor Mr. Anubhav from Delhi says, “This is precisely why people should think and decide on what they want in life, before jumping into a decision simply because that is what everyone else does and that is expected of you too. Divorce becomes an unnecessary tedious exercise if you could have just given it forethought and realized that married life is not a feasible option for you.” While mutual divorce takes comparatively less time and the process is less painful, contested divorce is a different story oftentimes. When one partner seeks divorce for reasons like adultery, cruelty or desertion, the other party naturally defends his/her part and it leads to false allegations and dirt-hurling in the Courtroom. Since contested divorce can be granted only on the grounds listed under the specific Act, couples seeking divorce try to manipulate and distort the facts to bring matters within one of the listed ground by hook or by crook. The despair gets the better of them, and then there is no stone unturned in getting that divorce.

Divorce: Mutual and contested

According to the lawful definition the Mutual divorce is a kind of separation in which both of the life partner chooses to separate the other, without the assent of the other life partner. In such cases, the life partners are in coordinate clash with each other, either in regards to the terms of separation or because of one of the many grounds of separation.

 

In a challenged separate, the court after being drawn nearer, hears both the gatherings, conducts procedures and settles on different debate identified with the separation like tyke authority, upkeep, division of benefits, and so forth. The court assumes the chief part to enable the miserably wedded couple to touch base at an answer by either dissolving the marriage or by guiding the couple to settle their grievances through a middle person. The time allotment for which a challenged separate proceeds isn’t sure. The case can conceivably go on uncertainly and for the most part stretches out for a time of four to six years.

CAUSES:

  • Infidelity
  • A demonstration of sex between a wedded man and a lady wedded to another man.
  • Aggressive behavior at home
  • A demonstration of incurring agony and damage by the spouse as well as his family, to his better half.
  • Remorselessness
  • A demonstration of making mental or physical mischief a life partner which puts their life in risk.
  • Share

 

 

Separation through Mutual Consent: When both the gatherings i.e., the couple commonly consent to acquire a separation, the courts will give a pronouncement for separate with shared assent. The couple ought to demonstrate that they have been isolated for over a year and that they have been not able live respectively. The principle normal for a separation through shared assent is that issues, for example, youngsters’ authority, upkeep and property rights could be consented to commonly. On the off chance that the courts trust that there is a possibility of compromise among the gatherings then it will arrange a span of 6 to year and a half between the date the separation appeal to is recorded and the separation declare is articulated. Note that living independently does not really mean living in various areas; the couple just needs to give that they have not been living as husband and spouse amid this day and age.

 

Section13B of the Hindu Marriage Act, 1955 talks about common separation. Separation through common assent is moderately reasonable and faster than a challenged separate.

 

Withdrawal of Consent: Consent given for separate by ‘common assent’ can be pulled back by either the spouse or the husband even after the expiry of the stipulated 18-month time frame and in such cases, an announcement for separation won’t be allowed.

 

Challenged Divorce: In instance of a challenged separate, there are particular grounds recorded under Section 13 of the Hindu Marriage Act, 1955 on which the request of can be submitted. The couple are in a contention while deciding on a challenged separate. As a general rule, matters, for example, kid authority, support and so on are a long way from determination. There are 11 reason for separate accessible to both the couple under the law, out of which 5 select grounds are accessible to the spouse against her better half. These grounds are-

  1. Mercilessness
  2. Infidelity
  3. Renunciation
  4. Transformation
  5. Mental Disorder
  6. Transferable Disease
  7. Renunciation of the World
  8. Assumption of Death

 

In the event that the companion has not been known about as being alive for a time of no less than seven years, by such people who might have caught wind of such life partner, in the event that he or she were alive, at that point the life partner who is alive can get a legal pronouncement of separation.

 

Components considered amid a separation: There are three angles with respect to which a couple need to achieve an agreement. One is divorce settlement or support issues. According to law, there is no base or most extreme point of confinement of help. It could be any figure or no figure. The second thought is authority of the kid. This must essentially be worked out between the gatherings, as it is definitely what requires the best measure of time in separate without common assent. Kid care in a common assent separation can likewise be shared or joint or elite relying on the comprehension of the life partners. The third is property. The couple must choose who gets what part of the together held property or wedding home. This incorporates both versatile and unfaltering property. Directly down to the financial balances, everything must be partitioned. It isn’t vital for it to be reasonable, inasmuch as it is consented to by the two gatherings.

 

Cost of a divorce: Court charges for recording a separation are low; the cost of a separation is principally in the expenses you pay your legal advisor. Legal counselors tend to charge expenses for showing up in court and doing some other work. Contingent upon how seriously it is battled, in this manner, a separation may cost anyplace from the low ten thousand to lakhs of rupees.

 

 

Withdrawal of Divorce Petition: Withdrawing a request of for separate is one of the simplest activities, and the law does whatever it can to urge couples to accommodate. The gatherings can essentially record an application to pull back the separation case in the family court. A guide meets with the couple to reconfirm their choice face to face to secure them and furthermore to guarantee that are intentionally and enthusiastically pulling back the appeal. The advisor’s report is then sent to the judge who can pass his or her judgment/announce around the same time. Regardless of the possibility that the gatherings don’t have a date in the court, their legal counselor can ask for the issue to be heard.