Divorce means the termination/ dissolution of marital relations between the husband and the wife. The parties may on a petition presented by either the husband or the wife to get their marriage dissolved by a decree of divorce on the following grounds that the other party is suffering from:
- Had voluntary sexual intercourse with any person other than his or her spouse.
- Treated his/her spouse with cruelty.
- Conversion to any religion from its original religion.
- Conversion to any religion from its original religion.
- A virulent and incurable form of leprosy.
- Venereal disease in a communicable form,
- Renounced the world by entering any religious order.
- Guilty of rape, sodomy.
According to Section 13 of Hindu Marriage Act, 1955, any marriage solemnised under Hindu Marriage Act shall be terminated on the above mentioned grounds on a petition presented either by husband or the wife. Any aggrieved party may file for a divorce petition with the help of best NRI divorce lawyers in Chandigarh on the above-mentioned grounds and seeks a decree of divorce from the district court through their legal counsel. This act has clearly specified all the necessary grounds on which the aggrieved party can file a divorce petition via hiring the professional NRI Divorce Lawyers in Chandigarh in the district court. The parties can file a petition for dissolution of marriage by a decree of divorce in the district court jointly Under Section 13B of Hindu Marriage Act, 1955 on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. The court shall on being satisfied after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, shall pass a decree of divorce declaring the marriage to be dissolved with the immediate effect.
Every petition under this act shall be presented before the district court within the local limits of whose ordinary civil jurisdiction:
- The marriage was solemnized, or
- The respondent at the time of the presentation of the petition, resides, or
- The parties to the marriage last resided together, or
- In case the wife is the petitioner, where she is residing on the date of presentation of the petition, or
- The petitioner is residing at the time of the presentation, in case where the respondent is, at that time, residing outside the territories to which this act extends, or has not been heard of as being alive for seven years or more by those persons who would naturally have heard of him if he were alive.
Thus, any aggrieved party can institute his/her lawsuit before the district court within the local limits of the jurisdiction. Section 24 of the Hindu Marriage Act, 1955 lays down that both the husband and wife can file an application for interim maintenance. Interim maintenance is awarded by the court if the party has no sufficient means of income to maintain oneself. There are no laws that lay down the amount of such type of maintenance and it is completely upon the discretion of the court to determine how much maintenance is sufficient for the applicant to sustain during the proceedings. Section 25 of the Hindu Marriage Act, 1955 states that the court can order the non-applicant (Respondent) to pay maintenance to the applicant in form of a lump sum or monthly amount for his/her lifetime and the amount is determined through a maintenance petition filed before the district court. It is awarded at the time of passing a decree of divorce or at any time subsequent thereto. However, a party may not be eligible for maintenance if there are any chances in their circumstances. Section 26 of the said act states that the court may pass such interim orders in the decree as it may deem just and proper with respect to the custody, maintenance and education of minor children with their wishes. The court may from time to time make an inquiry whether an applicant is capable to maintain and fulfil the orders made by the district court with respect to the custody, maintenance and education of the minor children. The court may also from time to revoke, suspend or vary any such orders and provisions previously made.
Procedure Of NRI Divorce:
Step 1: NRI Legal Consulation
NRI Legal Advisors India understand your exact query regarding the NRI Divorce. Are you the mourn party? Are you planning to present a notice or got a notice? Book An Appointment with our best NRI Divorce lawyers and get free consultation initially.
Step 2: Finalizing the Best NRI Divorce Lawyer which Suits Your the Most
We’ll assign you one of our experienced nri divorce lawyer who has the most successful and experience history that are similar to your case. Our NRI Divorce Lawyer is your 24*7 personalized case manager who is available 24*7 for your help. Our aim is to make the NRI Divorce procedure simple and easy for you.
Step 3: Submission Of Your Documents:
After the assigning of a personal NRI Divorce Lawyers In Chandigarh you should submit the required attested photocopies/original documents for the whole procedure of NRI Divorce.
Step 4: Court Arguments & Hearing in Court:
Once your case file is completely fit for case and strongly made, we’ll submit it to the concerned court. You may or may not require to visit India during the whole divorce procedure. It depend upon the face of your case. If you have any query and want to know more then call us now or book an appointment.
Documents Required For Divorce:
- Identity Your Proofs (PAN card, Aadhar card, Passport).
- Note of events in sequential order from marriage date till present date.
- Your Address Proofs (Bank Statements, Utility Bills).
Why NRI Legal Advisors India India?
RK Legal Adviors India along with the panel of resourceful and effective NRI Lawyers provides the best NRI legal services. If you’re an NRI and if you are stuck with any NRI Legal work in India. We assured you that it will get it done for you in record time by our professional lawyers.
- Cost-effective NRI legal services.
- All efforts are taken to make it Less Tiresome for the customer.
- 24*7 support on call from NRI lawyers and dedicated case manager.
- Customer-centric approach for every case.
Book an Appointment with best NRI Divorce lawyers in Chandigarh
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