Entries by Divorce Advocate Family Lawyer

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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 do not fall under the degrees of prohibited relationship, until and […]

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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 the validity of a divorce decree passed by an Indian court if a couple was […]

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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 sought under section 13-B. Muslim marriages are required to follow the Dissolution […]

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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, maintenance and other such issues. Such a divorce falls under a fault-based […]

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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 requirements stated are met. A divorce petition, along with affidavits must be filed by […]