Category: Divorce and Maintenance Law

Sharing Divorce, Maintenance, Alimoney and many other laws relating the same.

The new provision of 498A in BNS ?

THE BHARATIYA NYAYA SANHITA, 2023 has section 85 and 86 which are corresponding to the old Indian Penal Code.

The same is reproduced here for speedy reference :

  1. Whoever, being the husband or the relative of the husband of a woman, subjects
    such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.
  2. For the purposes of section 85, “cruelty” means—
    (a) any wilful conduct which is of such a nature as is likely to drive the woman
    to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or
    (b) harassment of the woman where such harassment is with a view to coercing
    her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand.

Faria & Co.

Faria & Co. – Divorce Lawyers & Advocates

Faria & Co. has a team of lawyers who understands the deeply personal and often emotionally charged nature of divorce. They are dedicated to providing compassionate support, clear communication, and effective guidance throughout the legal process, helping clients navigate this challenging time with strength and clarity.

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Proven Results & Client-Centered Approach

Faria & Co. has a proven track record of success in achieving favorable outcomes for clients in all aspects of divorce, including:

  • Domestic Violence: Ensuring a fair and equitable trial on false cases and ensuring justice where Domestic Violence cannot be condoned.
  • Interim Maintenance: Negotiating appropriate Interim maintenance agreements and/or seeking/disputing in the Court of Law.
  • Child Custody and Support: Advocating for clients’ best interests in child custody arrangements and securing fair child support.
  • High-Net-Worth Divorce: Handling complex financial issues in high-asset divorces.
  • Collaborative Divorce: Facilitating a more amicable and cost-effective divorce process.

Faria & Co. believes in open communication and building strong relationships with their clients. They take the time to understand each client’s unique needs and goals, and they develop personalized legal strategies to achieve them.

Experience & Recognition

Faria & Co. have consulted and appeared in hundreds of disputes and same showcases in their experience.

Schedule a Consultation Today

If you are considering divorce, Faria & Co. is here to help. Contact their office today to schedule a consultation and discuss your specific situation.

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Mutual Divorce in India: Everything You Need to Know

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Are you considering a mutual divorce in India? Divorce by mutual consent is becoming an increasingly popular option for couples who want to end their marriage amicably, without the need for lengthy court battles or disputes.

In this post, we’ll cover everything you need to know about mutual divorce in India, including the divorce procedure, divorce law, and grounds for mutual divorce. We’ll also discuss the mutual divorce agreement, divorce settlement, and the role of a divorce lawyer in India.

Divorce Procedure in India: To file for a mutual divorce in India, both parties must agree to the divorce and jointly file a petition in court. The petition must contain a mutual divorce agreement, which outlines the terms and conditions of the divorce settlement. After filing the petition, the court will typically schedule a hearing within 6 months, during which both parties must appear to finalize the divorce.

Divorce Law in India: Mutual divorce in India is governed by the Hindu Marriage Act, 1955, which applies to Hindus, Sikhs, Jains, and Buddhists. For couples of other religions, the Special Marriage Act, 1954 applies. In both cases, the legal requirements for a mutual divorce are similar.

Grounds for Mutual Divorce: Under Indian law, there are several grounds on which a mutual divorce can be granted, including mutual consent, irretrievable breakdown of marriage, and living separately for a specified period. It is important to consult with a divorce lawyer in India to determine the best grounds for your particular situation.

Divorce Settlement in India: The mutual divorce agreement is a crucial part of the divorce settlement in India. It should include provisions for property division, child custody, and financial support, among other things. Both parties must agree to the terms of the agreement before the divorce can be granted.

Divorce Lawyer in India: While it is possible to file for a mutual divorce in India without the assistance of a lawyer, it is highly recommended that you work with an experienced divorce lawyer who can guide you through the process and ensure that your rights are protected. A divorce lawyer can also help you negotiate the terms of the mutual divorce agreement and represent you in court if necessary.

Mutual Divorce Application: To file for mutual divorce in India, you will need to fill out a mutual divorce application and submit it to the court. The application must be accompanied by the mutual divorce agreement and other supporting documents, as required by the court.

In conclusion, mutual divorce in India can be a straightforward and amicable process, provided that both parties are willing to cooperate and work together to reach a fair settlement. By understanding the divorce procedure, divorce law, and grounds for mutual divorce, and working with a qualified divorce lawyer, you can ensure that your mutual divorce in India goes smoothly and efficiently.

Types of Divorce Notice

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A divorce notice is a formal written document that notifies your spouse about your intention to end your marriage. It is an essential legal requirement that must be fulfilled before initiating divorce proceedings. Depending on the circumstances, there are different types of divorce notices that can be used to initiate the process of divorce.

If the husband wants to initiate the divorce, he can send a legal notice for divorce to his wife. This notice should be drafted by a lawyer and sent through registered post with acknowledgment due. Similarly, if the wife wants to initiate the divorce, she can send a legal notice to her husband for cruelty or any other grounds for divorce.

In case of mutual divorce, both parties can draft a mutual divorce notice, which states that both parties agree to end the marriage on mutual terms. This notice must be signed by both parties and filed with the appropriate court.

If the husband wants to send a divorce notice online, he can do so through various legal service providers. The same goes for the wife who wants to send a legal notice for divorce online. These services ensure that the notice is legally binding and can be used as evidence in court.

In cases of talaq, which is a form of divorce under Islamic law, a talaq notice is sent to the wife to notify her of the husband’s intention to end the marriage. This notice must comply with the requirements of Islamic law and be delivered in the prescribed manner.

If the husband refuses to provide maintenance to his wife after separation, the wife can send a legal notice to her husband for maintenance. This notice can be drafted by a lawyer and sent through registered post.

In conclusion, divorce notices are essential legal documents that initiate the process of divorce. They must be drafted and sent in accordance with the law to be considered legally binding. If you are planning to initiate divorce proceedings, it is advisable to seek legal advice and assistance to ensure that your rights are protected.

Divorce Notice Online: The Convenient Way to End Your Marriage

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Divorce is a difficult process, both emotionally and legally. But with the advancements in technology, sending divorce notices has become a lot easier and convenient. Nowadays, you can send a divorce notice online through various platforms, including us.

If you’re looking to end your marriage, the first step is to send a divorce notice to your spouse. In case you’re the husband, you can send a legal notice for divorce to your wife, and if you’re the wife, you can send a divorce notice to your husband. Additionally, if either of the spouses has been subjected to cruelty, they can send a legal notice to their partner for the same.

Mutual divorce notices are also common, where both parties agree to end the marriage amicably. In such cases, a mutual divorce notice can be sent to the other party, agreeing to end the marriage by mutual consent.

Online divorce notices have made the process much more straightforward and hassle-free. You can easily send a divorce notice online, without having to worry about the logistics of delivering the notice physically. Talaq notices are also a popular form of divorce notice, especially in Muslim communities, and can be sent online as well.

In case you’re looking for legal assistance in sending a divorce notice, you can hire a lawyer to send the legal notice for divorce on your behalf. The lawyer can also send a legal notice to your spouse for cruelty or maintenance, depending on the circumstances.

In conclusion, sending divorce notices online is a convenient and practical way to end your marriage. It eliminates the need for physical delivery and makes the process much more straightforward. Whether you’re sending a divorce notice to your spouse, a mutual divorce notice, or a legal notice for maintenance, you can do it all online.

Divorce Notice: What You Need to Know

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A divorce notice is a legal document that informs your spouse of your intention to end the marriage. This notice can be sent by either the husband or wife depending on who wants to initiate the divorce. It is important to note that divorce notice to the wife or husband is a crucial step in the divorce process, and it must be done correctly to ensure a smooth divorce.

If you are considering filing for divorce, you may need to send a legal notice for divorce to your spouse. This notice should clearly state your intention to end the marriage and the reasons for the divorce. It is essential to have a lawyer draft the notice to ensure that all legal requirements are met.

In cases of cruelty or other legal grounds for divorce, a legal notice to the wife or husband for cruelty may also be necessary. This notice should outline the specific instances of cruelty and provide evidence to support the claim. Similarly, a legal notice to the husband or wife for maintenance may be required if one party is seeking financial support.

In some cases, both parties may agree to a mutual divorce, and a mutual divorce notice must be filed. This notice should indicate that both parties have agreed to end the marriage, and the terms of the divorce have been settled. It is important to ensure that the terms of the mutual divorce are fair and agreed upon by both parties.

In today’s digital age, an online divorce notice can also be sent. This option is convenient for parties who may not be in the same location or who prefer to handle the divorce proceedings online. However, it is essential to ensure that the online divorce notice is legally binding and meets all requirements.

Lastly, if you are considering talaq, which is a type of divorce in Islam, you may need to send a talaq notice. This notice is specific to Islamic divorce and must meet certain requirements to be valid.

In conclusion, divorce notices are an essential aspect of the divorce process, and they must be done correctly to ensure a smooth divorce. Whether you are sending a divorce notice to the wife or husband, a legal notice for divorce, or an online divorce notice, it is important to have a lawyer assist you to ensure that all legal requirements are met.

All about Divorce Notices

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Sending a Divorce Notice: Everything You Need to Know

Divorce is a difficult and emotional process, but sometimes it is the best option for couples who are unable to resolve their differences. One of the first steps in the divorce process is sending a divorce notice to your spouse, which is a legal document that officially notifies them of your intention to end the marriage. In this article, we will discuss everything you need to know about sending a divorce notice, including the different types of notices, how to send them, and the legal implications of doing so.

Types of Divorce Notices

There are several types of divorce notices, each with its own specific purpose. The most common types include:

  1. Divorce notice to wife: This is a notice that a husband sends to his wife to inform her of his intention to divorce her.
  2. Legal notice for divorce: This is a formal legal document that outlines the terms of the divorce, including child custody, property division, and spousal support.
  3. Divorce notice if husband: This is a notice that a wife sends to her husband to inform him of her intention to divorce him.
  4. Legal notice to wife for cruelty: This is a notice that a husband sends to his wife if he has been subjected to physical or mental cruelty.
  5. Mutual divorce notice: This is a notice that both parties send to each other, indicating their mutual desire to end the marriage.
  6. Divorce notice to husband: This is a notice that a wife sends to her husband to inform him of her intention to divorce him.
  7. Legal notice to husband for cruelty: This is a notice that a wife sends to her husband if she has been subjected to physical or mental cruelty.
  8. Divorce notice online: This is a notice that is sent electronically, usually through email or a legal document service.
  9. Talaq notice: This is a notice that is used in Islamic law to initiate a divorce.
  10. Legal notice for divorce by husband lawyer: This is a notice that is sent by a lawyer on behalf of a husband who wants to divorce his wife.

How to Send a Divorce Notice

There are several ways to send a divorce notice, depending on the type of notice and your personal circumstances. The most common methods include:

  1. Certified mail: This is a method of sending a legal document through the postal service, which requires a signature from the recipient to confirm that they have received it.
  2. Personal delivery: This involves physically delivering the notice to the recipient, usually by a process server or a sheriff.
  3. Email: This is a method of sending a divorce notice online, although it may not be accepted in all jurisdictions.
  4. Fax: This is another online method of sending a divorce notice, although it is becoming less common as more courts require original documents.

Legal Implications of Sending a Divorce Notice

Sending a divorce notice has several legal implications, including the following:

  1. It initiates the divorce process: Once a divorce notice has been sent, the legal process of ending the marriage has begun.
  2. It sets the terms of the divorce: If a legal notice for divorce is sent, it will typically outline the terms of the divorce, such as child custody, property division, and spousal support.
  3. It can be used as evidence in court: If the divorce proceeds to court, the divorce notice may be used as evidence to support your case.
  4. It can affect your rights and obligations: Sending a divorce notice can have significant implications for your rights and obligations, especially if there are children or significant assets involved.

In conclusion, sending a divorce notice is an important step in the divorce process that should be taken seriously. It is important to choose the right type of notice.

About Court Marriage ?

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The process of court marriage involves the couple to fulfill certain conditions such as both parties must be of legal age, mentally and physically fit to enter into marriage, not related within the prohibited degrees of relationship, and have given notice of their intention to marry to the marriage registrar of the district in which at least one of them has resided for at least 30 days prior to the date of notice.

After the notice period is completed, the marriage registrar posts the notice in his office for 30 days to allow for any objections. If there are no objections, the marriage can take place. The marriage ceremony can be held in the presence of three witnesses and can be conducted by the marriage registrar or any other authorized person.

After the marriage ceremony, the marriage certificate is issued to the couple, which is proof of their marriage. The certificate includes the name, age, address, and occupation of both parties, as well as the date and place of the marriage. Court marriage is a simple and efficient way to get married, especially for couples who do not want to undergo religious or traditional ceremonies.

Section for Court Marriage ?

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Court marriage is a legal way of getting married where the ceremony is performed in the presence of a marriage registrar and is registered with the government. It is also known as a civil marriage, and it is conducted under the Special Marriage Act, 1954 in India. Unlike traditional marriage ceremonies, court marriages do not involve any religious or customary rituals.