Best Lawyers in Chandigarh - The Law Codes
Law- Matrimonial Disputes2022-01-11T11:47:52+05:30
Call Now

Divorce Lawyers in Chandigarh

divorce lawyer in chandigarh

Divorce is a fire exit. When a house is burning, it doesn’t matter who set the fire. If there is no fire exit, everyone in the house will be burned!– Mehmet Murat ildan

When a relationship breaks down it can often be stressful, disheartening, difficult, and confusing times in life. We help our clients by guiding them through all the legal remedies available in Law while keeping their information highly confidential. Whether you are considering divorce, separation, child custody, or facing domestic abuse or other family law issues- we can guide you through.

Divorce can often be viewed as an intimidating procedure involving endless visits to the court. Our best divorce lawyers in Chandigarh are committed to making the entire process as hassle-free as possible. We provide a piece of expert advice with a pragmatic solution that is tailored to individual needs.

We are highly skilled, competent, and experienced in all matters relating to matrimonial discord, be it divorce or judicial separation, or maintenance of a spouse. You can get professional advice on the related issues, including custody of children, and also financial and property issues. Together with our team of best lawyers in Chandigarh, we can offer you bespoke legal services tailored to meet your specific needs.

Conditions for a valid Hindu Marriage:

As per Section 5 of HMA, a marriage may be solemnized between any two Hindus, if the following conditions are fulfilled, namely:

(i) neither party has a spouse living at the time of the marriage;

(ii) at the time of the marriage, neither party:

(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or

(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or

(c) has been subject to recurrent attacks of insanity.

(iii) the bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage;

(iv) the parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;

(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two.

divorce lawyers in chandigarh - the law codes

Remedies available under the Domestic Violence Act:

Any woman who is a victim of domestic violence in a shared household can seek remedies under the provisions of the DV Act. The important provisions are:

  • Section 12: Application to the Magistrate;
  • Section 17: Right to reside in a shared household;
  • Section 18: Protection orders;
  • Section 19: Residence orders;
  • Section 20: Monetary relief;
  • Section 21: Custody orders;
  • Section 22: Compensation orders;
  • Section 23: Power to interim and ex-parte orders;
  • Section 31: Penalty for breach of protection order by the Respondent;
  • Section 36: DV Act is not in derogation of any other Law: The provisions of this Act shall be in addition to and not in derogation of provisions of any other law.

Maintenance provisions under the Hindu Laws:

  • Maintenance to wife or husband pendent lite and expenses of proceedings under Hindu Marriage Act: Section 24, HMA;
  • Permanent Alimony to wife or husband under Section 25 of Hindu Marriage Act;
  • Maintenance to wife under Section 18 of Hindu Adoption and Maintenance Act;
  • Maintenance to widowed daughter-in-law under Section 19 of Hindu Adoption and Maintenance Act (HAMA);
  • Maintenance to parents and children under Section 20 of Hindu Adoption and Maintenance Act (HAMA);
  • Maintenance to dependents under Section 22 of the Hindu Adoption and Maintenance Act (HAMA).

Mutual Consent Divorce:

Who are the individuals governed by the provisions of the Hindu Marriage Act (HMA) — The Act applies to any person who is a Hindu, Buddhist, Sikh or Jaina by religion and to any other person domiciled in the territories to which the HMA extends and who is not a Muslim, Christian, Parsi or Jews.

Section 13B: Divorce by mutual consent can be passed by filing a joint petition before the Principle Judge, Family Court on the grounds that they have been living separately for 1 year or more.

The procedure of filing mutual consent divorce:

  • Presentation of the joint petition;
  • Recording of first motion statement;
  • Cooling off if it applies to the case;
  • Recording of second motion statement;
  • Passing of Decree.

Registration of marriages/court marriages:

The marriage gets registered before the Registrar, Marriages. The registration process of marriage is commonly called court marriage. The documents required for marriage registration in Hindu Marriage Act are:

  • Application for Registration;
  • Passport size photographs;
  • Marriage Certificate issued by the allowed persons/organizations (Temple/Gurdwara/Priest);
  • Proof of residence (Aadhar card/Driving License);
  • Age proof (birth certificate/ class X mark sheet);
  • Affidavit certifying the mental and marital status of both the parties.

Conditions of valid marriages under the Special Marriage Act:

  • Notice of intended marriage in writing to the marriage officer of the District where either of a spouse has resided for a period of not less than 30 days;
  • Declaration by parties and 3 witnesses;
  • Place and form of solemnization (office of marriage officer or place nearby);
  • Application for Registration;
  • Passport size photographs;
  • Proof of residence (Aadhar card/Driving License);
  • Age proof (birth certificate/ Class X marksheet);
  • Affidavit certifying the mental and marital status of both the parties.

Protection of life and liberty for couples:

The Hon’ble Supreme Court and High Courts have evolved the jurisprudence of protection of life and liberty that is extended to the runaway couples (inter-religion, inter-caste, or any other factor) and live-in partners. Adapting and acknowledging the constantly changing social scenario and extending the application of Article 21 in all spheres of life. The Hon’ble Apex Court and various High Courts of the country have granted protection and laid down the law relating to the protection of life and liberty of the couples. Our best advocates in Chandigarh at The Law Codes represent the most complex cases relating to the life and liberty of couples/live-in partners before the Hon’ble Supreme Court and various High Courts in India. Below-mentioned is examples of a few areas that are dealt with by our top divorce lawyers in Chandigarh:

  • Runaway couples (inter-religion, inter-caste or any other factor);
  • Live-in partners in general upon obtaining the age of majority;
  • Live-in partnership immediately before legal marriageable age;
  • Live-in partners without obtaining a divorce from their spouses;
  • Live-in partners without divorce;
  • Live-in partnership among Homosexuals couples.
divorce lawyers in chandigarh - the law codes

Child Custody Disputes

The court exercises parens patriae jurisdiction in matters related to child custody and considers the welfare of the child as a paramount factor while deciding the custody matters. Under ordinary circumstances, the custody of a child below the age of 5 is given to the mother. Although, all the grounds are available to the litigants while contesting custody suits. The main remedies available in the custody suits are mentioned below:

Child Custody under Section 26 of Hindu Marriage Act (HMA);

Child Custody under Section 6 of Hindu Minority and Guardianship Act (HMA);

Child Custody under Section 38 of Special Marriage Act;

Child Custody under Section 42 of the Divorce Act;

Child Custody under Section 49 of Parsi Marriage and Divorce Act;

Child Custody under Section 12 Guardian and Wards Act;

Child Custody under Section 21, Domestic Violence Act.

Other important laws governing maintenance in India:

  • Maintenance and Alimony to a Christian wife under Section 36 & 37 of Indian Divorce Act;
  • Maintenance under Section 40 of Parsi Marriage and Divorce Act;
  • Maintenance under 3 & 4 of the Muslim Women (Protection of Rights on Divorce Act, 1986);
  • Maintenance under 125, CrPC to wife, children, and parents;
  • Alteration of Maintenance under 127, CrPC.

The remedies available under the Law in Matrimonial Disputes:

  • Restitution of Conjugal Rights;
  • Annulment of Marriage being void or voidable;
  • Judicial Separation;
  • Mutual Consent Divorce;
  • Contested Divorce;
  • Foreign Divorce;
  • Challenging Foreign Divorce decree;
  • Maintenance under Section 125, CrPC, Section 24 & 25 of HMA, and DV Act;
  • Child Custody;
  • Residence Rights.

In order to proceed with a divorce, there are legitimate grounds available under Hindu Marriage Act. Our expert divorce lawyers in Chandigarh discuss each of these grounds with the clients and explain the implication of each ground to ensure the case proceeds efficiently in the right direction.

Mediation in Divorce Cases:

We endeavor to ensure that the petitions for divorce are filed by mutual settlement even if the path is challenging. Matrimonial issues are human problems and are best be settled through mediation. We strongly believe that these problems can be professionally sorted out in the chambers by conducting mediation among the parties. It is referred to by Mahatama Gandhi as the finest form of the VAKALAT.
DIVORCE remains a legal process but we realize that for many people this may be their only experience of the court and we aim to simplify the steps involved for the litigants. As per our professional experience, the course of a contested divorce is rerouted to mutual divorce after a reasonable time period depending upon the circumstances. However, we put in extra effort in a contested divorce to get desired results.

The clients can opt for the following relief before the Hon’ble High Court in Matrimonial Cases:

  • Protection in case of threat to life and liberty (run away couples & live-in relations);
  • Habeas Corpus Writ Petitions (wrongful confinement);
  • Anticipatory Bail;
  • Interim Bail;
  • Regular Bail;
  • Suspension of conviction/sentence;
  • Divorce Appeals;
  • Challenging the orders of the Family Courts/Matrimonial proceedings;
  • Revisions;
  • Enhancement/modification of Maintenance orders;
  • Quashing of FIR/Complaint;
  • Quashing of summons/warrants;
  • Quashing of Criminal Proceedings;
  • Directions u/s 482, CrPC for fair, just, and proper investigation;
  • Transfer Petitions Intrastate and Interstate (Punjab and Haryana).
divorce lawyers in chandigarh - the law codes

Proceedings before the Hon’ble Supreme Court in Matrimonial Litigations:

  • Special Leave Petitions (Civil);
  • Special Leave Petitions (Criminal);
  • Transfer Petitions;
  • Bail Matters.

Laws/Acts invoked in the Matrimonial Disputes:

  • The Hindu Marriage Act, 1955;
  • Special Marriage Act, 1954;
  • Family Courts Act, 1984;
  • Christian Marriage Act, 1872;
  • The Parsi Marriage and Divorce Act, 1936;
  • Divorce Act, 1869;
  • The Foreign Marriage Act, 1969;
  • Dissolution of Muslim Marriages Act, 1939;
  • Muslim Women (Protection of Rights on Divorce) Act 1986;
  • The Hindu Minority and Guardianship Act, 1956;
  • The Hindu Adoptions and Maintenance Act, 1956;
  • The Protection of Women from Domestic Violence Act, 2005;
  • The Code of Civil Procedure 1908;
  • The Code of Criminal Procedure 1973;
  • The Indian Penal Code 1860;
  • Indian Evidence Act 1872;
  • The Passport Act, 1967.

Grounds of Divorce Under HMA:

Grounds available to both husband and wife:

  • Voluntary sexual intercourse with any person other than his or her spouse;
  • Cruelty;
  • Desertion for a period of 2 years;
  • Ceased to be a Hindu;
  • Unsound mind, or mental disorder;
  • A virulent and incurable form of leprosy;
  • Either spouse has not been heard of as being alive for a period of seven years;
  • No resumption of cohabitation for a period of 1 year or more after judicial separation;
  • No restitution of conjugal rights for a period of 1 year or more after judicial separation.

Grounds of divorce available to the wife: 

  • The husband was married twice prior to commencement of the Act;
  • The husband has been guilty of rape, sodomy, or bestiality;
  • No resumption of cohabitation for a period of 1 year after the passing of decree u/s 125, CrPC, Section 18, Adoption, and Maintenance Act;
  • The marriage (whether consummated or not) was solemnised before the girl attained the age of fifteen years and she has repudiated the marriage after attaining that age but before attaining the age of eighteen years.

Legal Drafting Services:

Our best divorce lawyers in Chandigarh analyze your case in-depth, and thereafter, give you the right options under the law. As a law firm, we give options to our clients to engage our top divorce lawyers in Chandigarh in the civil and criminal matters arising out of matrimonial disputes that involve drafting pleadings, attending court hearings, conducting evidence, and arguing the matter till the conclusion of the proceedings.

Being a Law Firm, we also give flexibility to the clients to opt for our drafting services which include detailed and comprehensive drafting of pleadings (plaint/petition and written statement/reply) and written arguments by our experienced divorce lawyers in Chandigarh, as per the convenience and tailored needs of the clients. This approach enables our clients to present a legally tenable case premised upon a strong foundation of clear facts in consonance with the latest law on the subject matter. The drafting services include:

  • Family Settlements;
  • Compromises;
  • Divorce Settlements;
  • Criminal Complaints;
  • Annulment of Marriage;
  • Restitution of Conjugal Rights;
  • Judicial Separation;
  • Contested Divorce;
  • Mutual Consent Divorce;
  • Foreign Divorce;
  • Maintenance claims;
  • Child Custody;
  • Residence Rights;
  • Child Custody Agreements;
  • Permanent Alimony Settlement;
  • Impounding/Revocation of the Passport;
  • Recalling of Impounded/Revoked of Passport.

Take legal opinion from our renowned Divorce Attorneys:

Getting the right legal advice in matrimonial disputes is the foremost step before availing any legal remedy. Our top divorce lawyers in Chandigarh believe that the initial legal advice has a lasting impact on the outcome of matrimonial litigation. Forming a legal opinion requires an in-depth study of case related documents, inputs from clients, and detailed discussions on various aspects of the matrimonial case — all the factors are clubbed in and taken into consideration with the latest judgments of the Hon’ble Supreme Court and High Courts when our renowned divorce lawyers form a legal opinion in matrimonial cases. From our experience at The Law Codes, we have learned that in many cases, the clients have not availed appropriate legal remedies and have availed remedies that ought not to have been availed in the first place. Such an approach puts an unnecessary burden on the Family Courts or Trial Courts, resulting in clogging the justice delivery mechanism.

divorce lawyers in chandigarh (4)

NRI Divorce Lawyers in Chandigarh:

NRI clients are often not available to attend courts physically in divorce proceedings and have a genuine concern about the development of the case. They expect transparency, reliability, and best-in-class legal services/online legal opinions. Keeping in mind their genuine concerns, our best divorce advocates in Chandigarh opt for video conferencing sessions through Google meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, giving updates of the Court proceedings, and planning case strategies. Frequent face-to-face interactions with our clients built a Strong Attorney-Client Relationship leading to effective and result-oriented solutions. Our team of top divorce lawyers in Chandigarh helps you to come out of terrible matrimonial situations with minimal or no damage. You can request an appointment for online consultations through our 24-hour consultation portal at your convenience and our expert panel of Lawyers will revert to you on the preferred mode of communication.

Matrimonial proceedings through Special Power of Attorney:

The parties especially NRIs in the matrimonial disputes can be represented before the court through a valid notarized Special Power of Attorney with apostille certification. There is a specific provision under the Code of Civil Procedure (CPC) enabling a petition to be filed through a power of attorney holder. The Family Court is empowered to entertain an application filed through power of attorney. Our top team of matrimonial advocates in Chandigarh enables both the parties i.e. husband as well as wife to be represented in cases like Divorce, Maintenance claims, Domestic Violence, Child Custody through Special Power of Attorney so that our NRI clients don’t have to personally travel and visit on an urgent basis. The provisions of CPC apply to matters that are entertained by Family Court as well.

Criminal proceedings through Special Power of Attorney:

Remedies available to the accused- The accused can be represented in the court through notarized Special Power of Attorney with apostille certification for obtaining anticipatory bail or quashing of FIR/complaint. Under the Code of Criminal Procedure (CrPC), there is no express bar to file cases through Special Power of Attorney. The accused especially, the NRIs can seek the following relief before the courts through power of attorney:

  • Anticipatory Bail;
  • Quashing of FIR on merits;
  • Quashing of summons/warrants;
  • Compromise Quashing of FIR;
  • Quashing of Proclaimed Offender order & proceedings;
  • Directions to police for fair and proper investigation under 482, CrPC;
  • Releasing impounded/revoked Passport;
  • Suit for Defamation and malicious prosecution.

Remedies available to the complainant- The complainant other than the offences under 498A can be represented in the court through notarized Special Power of Attorney with apostille certification for directions to the police for registration of FIR. Under the Code of Criminal Procedure (CrPC), there is no express bar to file complaints through Special Power of Attorney. The victims especially, the NRIs can seek the following relief before the courts through power of attorney:

  • Directions to the police for registration of FIR u/s 156 (3), CrPC;
  • Protest petition against cancellation of FIR;
  • Issuance of summons/warrants in FIR/complaint;
  • Suit for Defamation;
  • Impounding/revocation of the Passport;
  • The petition under 482, CrPC for declaring accused as Proclaimed Offender under CrPC;
  • Directions to police for fair and proper investigation under 482, CrPC.

Under the scheme of Code of Criminal Procedure (CrPC), the applicant, the wife can move a complaint under section 498A through her father, mother, sister, brother, father’s or mother’s brother or sister; or with the leave of the Court any other person related to the girl by blood marriage or adoption under the provisions on 198A, CrPC.

divorce lawyers in chandigarh - the law codes

Recording of statement through Video Conferencing:

We at The Law Codes pro-actively take measures to ensure that our NRI clients can avail videoconferencing facilities that save the valuable time of the court as well as the parties. Family Court having regard to the facts and circumstances of the case can consider the probability of videoconferencing to sub-serve the cause of justice, and direct the parties to appear and get recorded their statements through video-conferencing in mutual consent divorce and contested divorce. Our experienced divorce lawyer in Chandigarh will advise the clients whenever such legal options are available.

FAQs

Is it better to file for divorce first?2021-12-07T18:31:42+05:30

It depends upon the situation of the matrimonial alliance. Initially, serious attempts should be made for an amicable settlement. But if the marriage is broken irretrievably and there is no perceived danger, one can think of filing a divorce case.

Can I stay in a live-in relationship without divorce?2021-12-07T18:21:08+05:30

A major live-in couple can stay together without divorcing their respective spouses. The Hon’ble Supreme Court has declared Section 497 of IPC  unconstitutional. The spouse left behind can file a case of divorce on the ground of adultery.

Who will have the custody of a child after divorce? 2021-12-07T17:46:07+05:30

If a divorce is mutual, the custody of a child will be determined by the settlement agreement governing the terms and conditions of the divorce. In case of a contested divorce, a separate suit for custody has to be filed which shall be decided on the merits of a case.

What are the different types of divorce in India?2021-12-07T17:48:50+05:30

There are 3 types of divorce that are recognized by Indian Laws;

  • Divorce by way of Mutual Consent;
  • Contested Divorce;
  • Customary Divorce.

Most Searched Areas of Expertise

Go to Top