AKSHIT TOMAR AND ASSOCIATES LEGAL FIRM
MUTUAL CONSENT 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.
- Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
Contested Divorce
A contested divorce can file by one partner but another one is not agreed to divorce. One should have certain valid grounds to file a divorce case against the respective spouse. Without proper grounds mentioned under laws, the court may reject their file for divorce. this is time consuming and painful process for both parties. Our experienced legal experts ensure to make the procedure huddle and painless for you. we are providing a video call facility to our NRIs clients for a better understanding of the matter. Having a divorce lawyer on your side can make the entire legal proceeding painless, smooth, and quick. The divorce lawyer can assist you with filing the necessary paperwork in court. Having dealt with divorce issues for many years, we know what we are doing. Not only as divorce lawyers fight for our clients, but we also spread awareness among the public about divorce and other complicated issues.
Maintenance
This is an integral part of all matrimonial proceedings. Application for maintenance can be moved by either of the spouse who does not have the sufficient means to maintain him/her self. Maintenance can also be classified in to two parts:
Interim Maintenance: Such maintenance is provided during the pendency of the case in the court. The underlying idea behind giving such maintenance is that one party should not loose and stand on a weaker footing at the time of contesting case. Quantum of such maintenance is dependant on variety of factor but most important aspect is the status of the parties prior to the filing of the case and the income/salary of the spouse against whom such maintenance is claimed. Court always tries to bring both the party at equal platform and footing.
498A & Allied Criminal Proceedings
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.