Frequently Asked Question (FAQ's) On Divorce Law / Divorce Law Firm In Delhi

SJG & associates are the best divorce lawyers in Delhi. Dr. Swati Jindal garg is an AOR at the supreme court of India. She and her team are very well versed and experienced with the family laws.

There is no defined fees for divorce. It all comes down to the type of case and issues are to be dealt with in the divorce case.

You should get a lawyer when
1. When you have to file a divorce petition
2. When your partner files a divorce petition
3. For the custody of your children
4. For maintenance from your partner

A legal professional who practises family law and assures the preservation of clients' rights throughout legal separations, divorces, and custody issues is known as a divorce lawyer. This legal professional may also be referred to as a divorce attorney. Divorce attorneys often on family law and specialise in the process of legally filing for divorce, dividing assets, and other areas of child custody.

If you don't know who to talk to or where to start looking, finding a divorce lawyer in Delhi might seem like an impossible process. Dr. Swati Jindal Garg (AOR) has worked as a divorce attorney for a number of years, during which time she has handled a number of cases involving clients who were going through the process of dissolving their marriages. In each of these cases, Dr. Swati Jindal Garg has worked to ensure that the clients' futures were not in jeopardy, and she has tried to do so by employing powerful legal precedents and Cases involving marriage may sometimes result in significant ramifications, including sending a
spouse to jail for their part in the dispute. The legal team led by DR. Swati Jindal Garg will ensure that you get the finest possible legal assistance about divorce-related problems. They lead you step-by-step through the procedure, guiding you toward a successful conclusion while protecting you from unfavorable outcomes. Dr. Swati Jindal Garg has a high level of expertise in a variety of legal matters, including those pertaining to child
custody, alimony and maintenance, domestic abuse leading to separation, anticipatory bail, 498 A CrPC, and other related topics. She represents clients in divorce disputes before all the family courts in Delhi and maintains a presence throughout the whole of India.

A lawyer can represent both parties in the event of a divorce if it’s a divorce by mutual
consent. A lawyer cannot represent both parties in the event of a divorce if it is a contested
divorce.

No, a divorce lawyer cannot work on contingency as the Bar council of India prohibits any
advocate to work on a contingency fee basis.

Law of divorce in India

When it comes to divorce, the laws of India reflect the country's rich cultural and linguistic
diversity. As a result of an ever-evolving society and fast changing laws, it is not uncommon
for an individual to find himself caught up in the complexities of a situation, with no
alternative effective recourse other than to pursue legal action. It is impossible to prevent
conflict inside a marriage, and these disagreements might result in both civil and criminal
processes. At this point in the process, a person should begin searching for the most
qualified divorce attorney who can make the procedure more manageable.

It is possible for a couple's divorce to be uncontested or to take the form of a mutual
divorce, although this depends on the nature of their relationship. In any scenario, it is
important to take the appropriate actions in order to secure one's mental well-being. In the
event that the divorce is contentious and the tensions are high, it is possible that it will be
required to make an application for anticipatory bail in advance, before the situation
deteriorates further. You should make it a priority to choose a divorce lawyer that is
competent, understandable, and has significant expertise in the field.

As was said before, the divorce rules of each faith are different. Marriage and divorce
procedures are governed by the Hindu Marriage Act of 1955, which was passed in India in
1955. In a similar vein, Muslims, Christians, Parsis, and other religious groups each have
their own unique set of rules governing marriage and divorce.

Grounds for divorce under the hindu marriage act, 1955

According to Section 13 of the Hindu Marriage Act, the following are acceptable reasons to
end a marriage and get a divorce:
1. Sexual infidelity: Sexual infidelity is a legitimate cause for filing for divorce. On the other
hand, as a result of a decision made by the Supreme Court not too long ago, this behaviour
is no longer considered a crime.
2. Desertion The term "desertion" refers to the act of one spouse abandoning the other for
another person. According to Hindu Law, this is a legal reason to get a divorce.

3. Insanity: If one of the partners is diagnosed with permanent insanity, the other partner
has the legal right to end the marriage by initiating the divorce process by submitting a
divorce petition to the court with the assistance of a divorce attorney.
4. Conversion: A person has the right to sue for divorce on the grounds of conversion if they
change their faith without the permission of their spouse.
5. Renunciation : If one partner in the couple has completely given up on the idea of having
a family, the other partner has the right to petition for divorce based on the same reasons.
6. Cruelty : It has been shown beyond a reasonable doubt that cruelty may manifest in both
a mental and a physical form. You cannot file for divorce without the assistance of a
knowledgeable and astute divorce attorney who has handled cases similar to yours.
7. Venereal illness
8. If a person has not heard of the other's existence for more than seven years, that person
is then allowed to seek a divorce. This is known as the presumption of death.

In addition to the grounds that have been listed above, a woman also has the right to
request a divorce for the following reasons:
1. The husband has been married before but has not yet divorced his first wife, and his first
wife is still living when the marriage takes place.
2. The husband is determined to be responsible for many unnatural actions.
3. If the wedding takes place before she has reached the minimum age necessary for
marriage.

Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939

When compared to Hindu Marriages, Muslim Marriages take on more of the form of a
contract. As a result, the regulations that regulate Muslim marriages and divorces are not
the same as those that apply to Hindus. The following are some of the possible reasons why
a Muslim man or woman could want to file for divorce:

1. The whereabouts of the husband have been unknown for the last four years.
2. During a period of two years, the husband did not pay the wife with any maintenance.
3. The husband has been sentenced to at least seven years in incarceration.

4. In the event that the girl was married before the age of 15 and makes the decision to file
for divorce or dissolve the marriage before the age of 18,
5. In a Muslim marriage, any partner has the right to petition for a divorce if the other has
caused the other partner any type of mental or bodily harm.