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Void and Voidable Marriages

In Case of Void Marriages Under Section 5 of Hindu Marriage Act, a marriage is considered valid if it fulfills the following three conditions: 1. None of the parties have a spouse who is alive at the time of this marriage; 2. Both parties…
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Detailed Procedure for divorce by mutual consent in India

What does divorce by mutual consent mean? Spouses seeking divorce by mutual consent can do so by first filing a petition in court. This can be done under Section 13-B of the Hindu Marriage Act, 1955. Under this provision, both the spouses give…
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Can I get an annulment even if he divorces his previous wife?

It is unfortunate but not all relationships or marriages always last. If you feel that your relationship does not deserve to be saved anymore, you may want to explore the option of getting divorced. However, there may be cases in which getting…
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Can my spouse be forced to sign the settlement agreement?

Divorce is tough for everyone who goes through it. It is natural for the adults to feel that their trust has been shattered. The children are fraught with worry over losing a parent. You may find yourself in a situation where you think that…
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NRI divorce in India

It is imperative to note that the divorce decrees that Indian courts pass hold legitimacy in countries other than India, just as marriages that are registered here do not lose their validity in other countries. No foreign court will question…
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Do Indian courts recognize foreign divorce decrees of NRI?

The courts in India will not recognize the decree that a foreign court has passed if: A court of competent jurisdiction did not pass it. The merits of the case were overlooked while passing the decree. The decision is based on a wrongly-held…
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What if the NRI couple is not living in India after marriage? Can NRI get divorced outside India?

In case an NRI who was married in India wants to divorce through mutual consent, he or she can file a petition either in India or the country in which they are both residing. The Indian law gives the provision for filing for divorce in a different…
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How NRI can get divorce in India?

Regardless of the reason for seeking divorce, a person married to an NRI must be aware of the basic NRI divorce-related laws. In case both the spouses are Indian and were married under Hindu Marriage Act of 1955, mutual consent divorce can be…
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Why some NRI marriages result in divorce?

Many Indians aspire to settle abroad to lead a better life. This motivates many of them to get married to NRI brides and grooms. If statistics are taken into account, we find that 225 women from metro cities in India tie the knot with NRI groom…
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How long do divorce proceedings usually take?

The duration of time for getting a contested divorce differs from case to case and also from place to place. Thus, for all contested divorces, the time period happens to depend on the circumstances that are unique to that particular case.…
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Territorial Jurisdiction in a divorce case

Jurisdiction refers to power in the hands of court to grant a valid decree. The court should have the jurisdiction by all means, or else any decree sanctioned by them stands invalid. You first need to ascertain under which personal or religious…
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What documents are required in a divorce case?

You must consult with your lawyer to know which documents are required for your particular case, since documents may vary from case to case. In India, photocopies of the following documents should be handed over to your lawyer when you want…
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Can I change my divorce lawyer in Chandigarh?

While it is possible to change your lawyer for any reason, you are advised not to change lawyers continually since new lawyers will find it difficult to be familiar with your case in depth. If you think that the lawyer you have presently hired…
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Workings of the India's Family Law Courts in Divorce Cases

Hiring a lawyer is the first step when getting a divorce. The lawyer will be your legal advisor through the course of the divorce. A few points to keep in mind when hiring a lawyer: Experience: You should ensure that the lawyer you are…
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Mutual consent divorce versus Contested divorce - Pros & Cons

Obtaining a divorce by means of mutual consent must be preferred over contested divorce, always. Getting a mutual consent divorce is simpler when compared to the process of a contested divorce. In addition to this, the former is quicker and…
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What is contested divorce?

A contested divorce is one in which the other spouse does not agree to divorce and wishes to remain married OR the other spouse has agreed to the divorce but there are differences in matters of child custody, division of property, child support,…
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Mutual consent divorce and the procedure after filing the petition in Chandigarh District Court

People who fall under the Special Marriage Act as well as Hindus, Christians, Parsis should follow this procedure. The procedure for Muslims is as mentioned elsewhere on this blog. Mutual Consent Divorce can be filed by a couple only if the…
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How to get mutual consent divorce in Chandigarh?

A quick glance at laws pertaining to divorce in India makes it evident there are two ways in which divorce can be obtained: Mutual Consent Divorce (MCD) and Contested Divorce. Mutual Consent Divorce entails legally dissolving a marriage in accordance…