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Divorce Lawyers in Gurgaon

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There is no such thing as a “broken family.” Family is family, and is not determined by marriage certificates, divorce papers, and adoption documents. Families are made in the heart. The only time family becomes null is when those ties in the heart are cut. If you cut those ties, those people are not your family. If you make those ties, those people are your family. And if you hate those ties, those people will still be your family because whatever you hate will always be with you.”C. Joybell C

CHALLENGES FACED BY COUPLES WHILE OBTAINING DIVORCE:

When a relationship fails, it can be a stressful, depressing, tough, and perplexing time in one’s life. We assist our clients by taking them through all of the legal options open to them while maintaining their privacy. Whether you’re thinking about divorce, separation, child custody, domestic abuse remedy, or other family law matters, we can offer help. Divorce is typically perceived as a frightening process involving numerous court appearances. Our top divorce attorneys in Gurgaon/Gurugram are dedicated to making the process as trouble-free as possible. We offer experienced guidance as well as practical solutions that are suited to each individual’s needs.

We have extremely talented, knowledgeable, and experienced lawyers in all aspects of matrimonial litigation, including divorce, judicial separation, and spouse maintenance. You can get professional counsel on a variety of topics, including child custody, as well as financial and property matters. We can provide you with the best legal services for your individual needs, thanks to our team of the best lawyers in Gurgaon/Gurugram.

A LAWFUL HINDU MARRIAGE MUST MEET THE FOLLOWING CRITERIA:

A marriage between any two Hindus may be solemnised under Section 5 of the HMA if the following conditions are met: –

(i) At the time of the marriage, neither party has a live spouse;

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

(a) is incapable of giving valid consent to it due to insanity; or is unable of giving valid consent to it due to insanity.

(b) although being capable of giving valid consent, has been suffering from a mental condition of such a nature or extent that he or she is unsuited for marriage and childbearing; or

(c) has suffered from frequent fits of lunacy.

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

(iv) the parties are not in a banned relationship unless the custom or usage that governs each of them allows for a marriage between them;

(v) Unless each party’s custom or use approves a marriage between them, the parties are not sapindas of each other.

THE DOMESTIC VIOLENCE ACT PROVIDES FOR THE FOLLOWING REMEDIES:

Under the provisions of the DV Act, any woman who is a victim of domestic violence in a shared household can seek redress. The following are the key provisions:

  • Section 12: Application for DV can be filed before the Magistrate;
  • Right to live in a joint household (Section 17);
  • Protection Orders (Section 18);
  • Section 19: Orders of residence;
  • Section 20: Financial assistance;
  • Custody orders are covered in Section 21;
  • Compensation orders are included in Section 22;
  • Section 23: Interim and ex parte orders;
  • Section 31: Penalty for the Respondent’s violation of the Protection Order;
  • Section 36: The DV Act is not in conflict with other laws: The provisions of this Act are in addition to, not in conflict with, other laws.

HINDU LAWS PROVIDE FOR THE FOLLOWING TYPES OF MAINTENANCE:

  • Section 24 of the Hindu Marriage Act (HMA) provides for the maintenance of a pendent lite wife or husband, as well as the costs of the proceedings (during pendency of the proceedings);
  • Section 25 of the Hindu Marriage Act provides for permanent alimony to the wife or husband;
  • Section 18 of the Hindu Adoption and Maintenance Act provides for wife’s maintenance;
  • Section 19 of the Hindu Adoption and Maintenance Act (HAMA) provides maintenance to a widowed daughter-in-law;
  • Section 20 of the Hindu Adoption and Maintenance Act (HAMA) provides maintenance to parents and children;
  • Section 22 of the Hindu Adoption and Maintenance Act provides for the maintenance of dependents (HAMA).

OTHER RELEVANT MAINTENANCE LEGISLATION IN INDIA INCLUDE:

  • Under Sections 36 and 37 of the Indian Divorce Act, a Christian woman is entitled to maintenance and alimony;
  • Section 40 of the Parsi Marriage and Divorce Act provides for maintenance;
  • Section 3 and 4 of the Muslim Women (Protection of Rights on Divorce Act, 1986);
  • Wife, children, and parents can seek maintenance under Section 125, CrPC;
  • Under section 127 of the Criminal Procedure Code, a change in maintenance may be sought.

DIVORCE BY MUTUAL CONSENT:

Who is covered by the Hindu Marriage Act (HMA)?

Any individual who is a Hindu, Buddhist, Sikh, or Jaina by faith, as well as any other person domiciled in the regions covered by the HMA and who is not a Muslim, Christian, Parsi, or Jew, is covered by the Act.

Section 13B: Divorce by mutual consent can be obtained by submitting a joint petition with the Principle Judge of the Family Court on the grounds that they have lived apart for a year or longer.

Filing Procedures:

  • The combined petition is presented;
  • The first motion statement is recorded;
  • If it applies to the circumstances, cooling off;
  • Second motion statement gets recorded.
  • Decree is passed.

MARRIAGE REGISTRATION/COURT MARRIAGES:

The marriage is recorded with the Marriages Registrar. Court marriage is the name given to the procedure of registering a marriage. According to the Hindu Marriage Act, the following documents are necessary for marriage registration:

  • Registration Application;
  • Photographs the size of a passport;
  • Authorized persons/organizations (Temple/Gurdwara/Priest) issue marriage certificates;
  • Proof of address (Aadhar card or driver’s licence);
  • Proof of age (birth certificate/grade X marksheet);
  • Affidavit attesting to both parties’ mental and marital state.

Requirements for a valid marriage under the Special Marriage Act:

  • Written notice of intending marriage to the marriage officer of the district in which either of the spouses has resided for at least 30 days;
  • Parties’ declarations with 3 witnesses signing the documents;
  • The location and type of solemnization (office of the marriage officer or a nearby location);
  • Registration Application;
  • Photographs the size of a passport;
  • Proof of address (Aadhar card or driver’s licence);
  • Proof of age (birth certificate/grade X marksheet);
  • Affidavit attesting to both parties’ mental and marital state.

LIFE AND LIBERTY PROTECTION FOR COUPLES:

The Supreme Court and the High Courts have developed a jurisprudence of life and liberty protection for couples (marriages in case inter-religion, inter-caste, or any other circumstances) and live-in partners. Adapting and acknowledging the ever-changing social landscape, as well as expanding the scope of Article 21’s application to all aspects of life. The Hon’ble Supreme Court and several High Courts across the country have given protection and established laws relating to the preservation of spouses’ lives and liberty. Our best divorce lawyers in Gurgaon/Gurugram at The Law Codes defend couples/live-in partners in the most difficult disputes before the Hon’ble Supreme Court and different High Courts in India. The following are some of the areas of protection matters that our best lawyers in Gurgaon/Gurugram deal with:

  • Couples who get married without permission of their parents or relatives due to inter-religion, inter-caste, or any other social issue;
  • After reaching the age of majority, live-in partners in general;
  • A live-in relationship formed immediately before reaching the legal marriageable age;
  • Live-in partners who have not divorced their spouses;
  • Unmarried Live-in partners;
  • Homosexuals Live-in partners.

CHILD CUSTODY DISPUTES:

In situations involving child’s custody, the court has parens patriae jurisdiction, and regards the child’s welfare as the most important aspect in making a decision. Under normal circumstances, the custody of a child under the age of five is handed over to the mother. While litigants have access to all grounds while opposing custody cases, they do not have access to all of them. The following are the main remedies available in custody cases:

  • Section 26 of the Hindu Marriage Act (HMA) governs child custody;
  • Section 6 of the Hindu Minority and Guardianship Act (HMA) governs child custody;
  • Section 38 of the Special Marriage Act governs child custody;
  • Section 42 of the Divorce Act governs child custody;
  • Section 49 of the Parsi Marriage and Divorce Act governs child custody;
  • Section 12 of the Guardian and Wards Act governs child custody;
  • Domestic Violence Act, Section 21: Child Custody.

IN MATRIMONIAL DISPUTES, THE FOLLOWING REMEDIES ARE PROVIDED UNDER THE LAW:

There are genuine grounds available under the Hindu Marriage Act to proceed with a divorce. Our experienced divorce lawyers in Gurgaon/Gurugram go over each of these grounds with clients and explain the implications of each one so that the case moves forward smoothly.

IMPORTANCE OF MEDIATION:

Even if the way is difficult, we strive to put in efforts that divorce petitions are filed by mutual agreement. Mediation is the greatest way to resolve matrimonial troubles because they are human problems. We are convinced that these issues can be professionally resolved in the chambers by conducting mediation between the parties. Mahatama Gandhi refers to it as the best form of the VAKALAT.

DIVORCE is still a legal process, but we recognise that for many people, this is their first encounter with the court, and our goal is to make the process as simple as possible for the litigants. According to our professional experience, disputed divorces are usually diverted to mutual divorce after a reasonable period of time, depending on the circumstances. However, in contentious divorces, we put forth extra effort to get the desired results.

MATRIMONIAL RELIEFS BEFORE THE HON’BLE HIGH COURT IN CASES INVOLVING:

  • Protection to one’s life or liberty (for example, runaway couples and live-in relationships);
  • Writs of Habeas Corpus (wrongful detention);
  • Anticipatory Bail;
  • Bail (interim);
  • Bail on a regular basis;
  • Conviction/sentence suspension;
  • Appeals in Divorce;
  • Disputes with Family Court Orders/Matrimonial Proceedings;
  • Revisions;
  • Maintenance orders may be challenged or modified.
  • FIR/Complaint is quashed;
  • Quashing of summons and warrants;
  • Grand of a stay of proceedings in a criminal case;
  • Directions for a fair, just, and proper investigation under section 482, CrPC;
  • Intrastate and interstate transfer petitions (Punjab and Haryana).

MATRIMONIAL DISPUTES BEFORE THE HON’BLE SUPREME COURT

  • Civil Petition for Special Leave;
  • Petitions for Special Leave (Criminal);
  • Petitions for Transfer;
  • Bail is important.

RELEVANT STATUTES/ACTS:

DIVORCE GROUNDS UNDER THE HMA INCLUDE:

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 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.

SERVICES FOR LEGAL DRAFTING INCLUDE:

Our top divorce lawyers in Gurgaon examine your case thoroughly before advising you on your legal choices. We offer our clients the option of hiring one of our top divorce lawyers in Gurgaon to represent them in civil and criminal matters arising from matrimonial disputes, which includes drafting pleadings, attending court hearings, conducting evidence, and arguing the case until the end.

As a law firm, we also provide clients with the option of using 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 Gurgaon/Gurugram, according to their convenience and tailored needs. This strategy allows our clients to submit a legally tenable argument based on a solid foundation of clear facts and the most recent law on the issue. The following are some of cases where the drafting services available:

  • Settlements of Families;
  • Compromises;
  • Settlements in Divorce;
  • Complaints of a criminal nature;
  • Marriage Annulment;
  • Conjugal Rights (Restitution);
  • Separation through judicial order as an alternate to divorce;
  • Divorce that is contested;
  • Divorce by Mutual Consent;
  • Challenging decree of Foreign Divorce;
  • Claims for maintenance;
  • Custody of a child;
  • Right to Reside;
  • Agreements on Child Custody;
  • Settlement of Alimony for Life;
  • Application for getting the passport impounded or revoked;
  • Application for recalling of orders where the Passports have been impounded or revoked.

OBTAIN LEGAL ADVICE FROM OUR DIVORCE LAWYERS IN GURGAON:

Obtaining proper legal guidance in matrimonial issues is the first step before taking any legal action. Our top divorce lawyers in Gurgaon/Gurugram feel that the early legal counsel has a long-term impact on the matrimonial litigation’s outcome. When our renowned divorce lawyers form a legal opinion in matrimonial cases, it requires an in-depth study of case-related documents, input from clients, and detailed discussions on various aspects of the matrimonial case — all of these factors are combined and taken into consideration with the most recent judgments of the Hon’ble Supreme Court and High Courts. We have learned through our experience at The Law Codes that in many circumstances, clients have not sought proper legal remedies and have sought remedies that should not have been sought in the first place. This strategy places an unneeded strain on Family Courts and Trial Courts, cluttering the justice delivery system.

NRI DIVORCE LAWYERS IN GURGAON/GURUGRAM:

NRI clients are frequently unable to physically attend court in divorce proceedings and are concerned about the case’s progress. Transparency, dependability, and best-in-class legal services/online legal opinions are what they demand. With their genuine worries in mind, our best divorce lawyers in Gurgaon use video conferencing sessions via Google Meet, Zoom meetings, Cisco WebEx, and WhatsApp for frequent consultations, case updates, and case strategy planning. Our clients develop a strong attorney-client relationship through frequent face-to-face meetings, which led to effective and result-oriented solutions. Our team of top divorce lawyers in Gurgaon/Gurugram can assist you get out of a bad matrimonial scenario with low or no damage. You can schedule an online consultation at any time through our 24-hour consultation site, and our expert panel of lawyers in Gurgaon/ Gurugram will contact you via your preferred method of communication.

SPECIAL POWER OF ATTORNEY FOR MATRIMONIAL MATTERS:

Parties in marriage disputes, particularly NRIs, can be represented in court by a valid notarized Special Power of Attorney with apostille certification. The Code of Civil Procedure (CPC) contains a special provision that allows a petition to be submitted by a power of attorney holder. An application filed through a power of attorney can be heard by the Family Court. Our top divorce lawyers in Gurgaon use Special Power of Attorney to represent both parties, husband and wife, in cases such as Divorce, Maintenance Claims, Domestic Violence, and Child Custody, so that our NRI customers do not have to fly and visit on an urgent basis. The provisions of the CPC can also apply to matters heard by the Family Court.

THROUGH A SPECIAL POWER OF ATTORNEY, CIVIL & CRIMINAL PROCEEDINGS CAN BE INITIATED:

The accused can be represented in court through a notarized Special Power of Attorney with apostille certification in order to secure anticipatory bail or have the FIR/complaint dismissed. There is no express prohibition in the Code of Criminal Procedure (CrPC) against filing cases through Special Power of Attorney.

Other than the offences under 498A, the complainant can be represented in court by a notarized Special Power of Attorney with apostille certification for directives to the police for the registration of a FIR. There is no specific prohibition under the Code of Criminal Procedure (CrPC) on filing complaints through Special Power of Attorney. Through power of attorney, victims, particularly NRIs, can seek the following redress in the courts:

  • 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;
  • Petition under 482, CrPC for declaring accused as Proclaimed Offender under CrPC;
  • Directions to police for fair and proper investigation under 482, CrPC.

USING VIDEO CONFERENCING TO RECORD A STATEMENT:

The Law Codes takes proactive steps to make sure that our NRI customers have access to videoconferencing services, which saves both the court and the parties time. In mutual consent divorce and contentious divorce, the Family Court can examine the likelihood of videoconferencing to serve the cause of justice and order the parties to attend and have their statements recorded using videoconferencing, depending on the facts and circumstances of the case. When such legal solutions are accessible, our expert divorce lawyers in Gurgaon guide the clients.