Cognizant of the recent change in jurisprudence in the matrimonial legislations prevalent in India by the various Courts exercising jurisdiction, Suukarsh Associates has endeavoured to remain abreast with a dedicated team specializing in this vertical.
The firm regularly represents the country’s high-net-worth individuals and elite families in complex family and matrimonial disputes. Systematically and sensitively navigating separations and divorces involving large estates, inheritance, international trusts, complex commercial transactions, custody tussles, and business separations are our forte. The team, spearheaded by its Managing Partner, displays the ability to synthesize complex legal and factual materials and arrive at holistic solutions amidst familial turmoil.
There are three strong points regarding which a husband and wife have to reach a consensus.
The duration of a divorce by mutual consent varies from six to 18 months, depending on the decision of the court. Usually, the courts prefer to end mutual consent divorces sooner, rather than later. As per Section 13 B of Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, the couple should be living separately for at least one year before divorce proceedings can begin. Section 10A of Divorce Act, 1869, however, requires the couple to be separated for at least two years. Do note that living separately does not necessarily mean living in different locations; the couple only needs to provide that they have not been living as husband and wife during this time period.”
Before anything, you should be aware to produce a divorce notice to your spouse. This is to clarify the emotions and a platform to initiate your thoughts on discontinuing the relationship. A legal notice for divorce will bring in clarity to the other spouse about the future relationship which you want to hold. A spouse can send a legal notice for divorce to the other spouse in order to communicate his/her intention to take legal steps forward covering the marriage relationship. It is a formal communication which is the first step to break the 2018husband and wife 2019 connection.”
When two people are married, they have an obligation to support each other. This does not necessarily end with divorce. Under the Code of Criminal Procedure, 1973, the right of maintenance extends to any person economically dependent on the marriage. This will include, therefore, either spouse, dependent children and even indigent parents. The claim of either spouse (though, in the vast majority of cases, it is the wife), however, depends on the husband having sufficient means. When deciding the payment on the alimony, the court will take into account the earning potential of the husband, his ability to regenerate his fortune and his liabilities. In case either spouse is unable to pay for the divorce, then the spouse who earns will have to pay these expenses
In a contested divorce, the alimony, its amount and tenure, depend upon the length of the marriage. A divorce after a decade of marriage entitles the spouse to a life-long alimony. The other essential factors are: Age of the spouse (or the person who is ought to receive the alimony). Economic condition or the earnings of the person who is to provide the alimony. The health of both spouse (the failing health or a medical condition of one of the spouses who is going to receive the alimony may act in favour of him or her. They can claim a larger alimony on the basis of their failing health). 4. The spouse that retains custody of the child would either pay lesser alimony or pay a greater amount while the child is a minor.
It seldom matters whether you or your spouse own the property. If you are married irrespective of the fact that a divorce petition has been filed you have the right to occupy the property. If you are also looking after children, the case is much stronger. While the property may be granted to one or the other spouse in the divorce settlement, until this is done, both spouses have the right to remain on the property.
Many assume that the mother always gets custody of her children. This is not the case. While the courts usually agree to the decision of the parents in a mutual consent divorce, the courts will look into the best interest of the child. In a contested divorce, the courts will examine the ability of the mother or father to be a parent to the child, for example. You cannot take money into consideration. Usually, the court provides the custody of their children to non-working mothers, but the fathers are expected to provide financial support.
Court fees for filing a divorce are low; the cost is mainly in the fees you pay your lawyer. Lawyers tend to charge fees for appearing in court and doing any other work. Depending on how intensely it works, therefore, it may cost anywhere from the low ten thousands to lakhs of rupees.
One can dissolve a marriage in India by means of annulment. The procedure for annulment is same as that of divorce, except that the grounds for annulment are different from that of divorce. Reasons for annulment are fraud, the pregnancy of wife by a person other than the husband, impotence before the marriage and subsisting even at the time of filing the case. Once the Indian court grants an annulment, the status of the parties remains as it was prior to the marriage.
A marriage is automatically void and is automatically can be invalid when the law prohibits it. Section 11 of the Hindu Marriage Act, 1955 deals with: Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto, against the other party be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses (i), (iv) and (v), Section 5 of the Act.
A voidable marriage is one where an annulment is not automatic and must be sought by one of the parties. Generally, an annulment may be sought by one of the parties to a marriage if the intent to enter into the civil contract of marriage was not present at the time of the marriage, either due to mental illness, intoxication, duress or fraud. The duration for obtaining divorce varies from case to case and place to place. Generally speaking, contested proceedings take 18 to 24 months. Mutual consent varies from 6 months to 18 months