We have the best lawyers for divorce cases and other matrimonial disputes. Having vast experience in the divorce-related domain of Indian laws, our lawyers are committed to coming out with the best of results. We have expert divorce lawyers in Delhi and we ensure that you get peace of mind dealing with matrimonial cases, child custody, alimony. Either it's mutual divorce or contested divorce proceedings, we have experts to take care of you. Our lawyers can help you in marriage issues in Delhi to file or defend your mutual divorce petition, contested divorce, alimony, domestic violence (DV), interim maintenance, 125 CrPC, dowry harassment u/s 498a, women cell complaints or any other related matters.
Getting divorced, the most challenging and emotionally charged thing someone will go through in life. As with the future of children at stake, the consequences are very real and this lasts a very long time. The person you once made vows with to love, honor, and cherish, suddenly becomes your adversary and the source of your greatest suffering — and your children go from being a shared treasure to a possession that must be protected from the enemy across the aisle.
DIVORCE DOES NOT HAVE TO BE A WAR
But when you need strong representation our lawyers are ready to fight for your best interests.
With the rapidly changing social scenario, now India is no longer a country where the teaching of elders’ for so-called ‘adjustment’ leaves effect upon both men and women. As a result, the disputes arise and come with a number of litigations. These disputes include civil as well as criminal litigation proceedings. This is where we can help resolve these legal affairs with maximum possible ease. A contested divorce may be one of the most complicated types of divorces because it involves individuals who are unable to come to an agreement on many or just one of the key issues in their divorce.
India has dissimilar divorce laws for different religions. Almost all the religions have their own divorce laws in India which are used and utilized when any dispute arises between two families or married persons.
Using its decade long experience, the team of our divorce lawyers always provide excellent advice relating to the divorce proceedings, and also other matters including child custody, mutual divorce, dowry matters, property after divorce, alimony or maintenance for wife and child, sexual harassment, domestic violence, marriage after divorce, child custody and guardianship cases etc.
What is the ground for divorce?
A. Under Section 13 of the of the Hindu Marriage Act, the followings are the grounds:
1. Adultery - This isn't a criminal offense but a valid ground for divorce.
2. Desertion - Rejection by one party of all the marriage obligation. It's the abandonment of one spouse by the other without any reasonable cause and without the consent of the other.
3. Insanity - Partner is incurable of the unsound mind.
4. Conversion - Changing his religion to some other religion.
5. Renunciation - if the other party has renounced family life.
6. Cruelty - Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.
7. Venereal disease - if it is communicable by nature irrespective of the period for which the respondent has suffered from it.
8. Presumption of death - he/she has not been heard of as being alive for a period of at least seven years.
Besides the above grounds there are few more grounds available to the wife mentioned below:
1. At the time of marriage, the husband is married and not divorced his 1st wife and she is alive.
2. Husband is found guilty of unnatural offenses.
3. If marriage is done before she attained the required age of marriage.
B. Grounds for Divorce under the Dissolution of Muslim Marriage act, 1939
1. Husband disappeared for 4 years.
2. Failed to provide maintenance to the wife for 2 years.
3. He is under imprisonment for seven or more years.
4. If the girl was married before 15 and decides to end before 18.
5. cruelty- Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.
C. Grounds for Divorce under the Indian Divorce Act, 1869
1. Adultery - This isn't a criminal offense but a valid ground for divorce.
2. Religion Conversion
3. Venereal disease - if it is communicable by nature irrespective of the period for which the respondent has suffered from it.
4. Presumption of death
5. cruelty - Partners can file a divorce case when he/she is subjected to any kind of mental and physical injury.
6. Wife can file on the grounds of rape, sodomy, and bestiality.
Other than the above-said affairs, we dedicatedly provide meaningful legal assistance to our nationwide clientele in the following areas:
- Registration of marriage
- Adoption of child/children
- Conversion of religion
- Marriage as per legal guidelines of Muslim laws
- Guardianship, inheritance and succession
- Divorce petition by both/either parties
- Divorce by mutual consent
- Contested Divorce
- Restitution of conjugal rights
- Judicial separation, interim maintenance/compensation, and permanent alimony
Benefits of Hiring the Right Lawyer
There are a lot of benefits of hiring the right divorce lawyers. One of the most important benefits of hiring the right lawyer is that he or she will be able to separate the business part of the divorce from your emotion. When emotions get involved, some harmful decisions can take place. However, making those choices can cause problems for years after your divorce. An expert lawyer knows every aspect of divorce law. If you are going it alone or trying to get advice from family and friends, you may receive a lot of inaccurate information that could hurt your case.
We, at Astha Law Solutions, are legal professionals driven by humanitarian considerations when it comes to charging our fees. We charge reasonably-fixed fees of INR 25,000 to handle the case of a Mutual Divorce.
We can help you to minimize all the hassles. In order to get the cheapest divorce possible, it's better if you and your spouse are willing to work together and your divorce is uncontested. The lawyers at Astha Lawyers are some of the most respected and experienced in New Delhi. We strive to resolve all legal disputes in a conciliatory manner.
However, the fee criteria for a contested case may differ as per the nature and gravity of the case, the actual fees is a matter of in-person discussion that can be had by visiting our office. If you are in need of legal help, we encourage you to contact us. We will assess your matter and give you the best possible advice. If the matter should be resolved amicably, we will let you know. If fighting is the best option for you, we will take this forward. We are client-focused and have interdisciplinary, knowledgeable, and high-value lawyers on board. We strive to be the firm of choice for clients seeking sophisticated legal services.
For contested divorce matters our usual formula are as follows if you have kids and non working wife/husband:
Flat / Property under Housing Loan or Mortgage - Such Property is usually proposed to be divided 50:50. Selling the property, paying off the loan / mortgage and splitting the balance 50:50. Sometimes 60:40 to the wife is OK but beyond that is unreasonable.
Total Monthly Maintenance and Child Support demanded should not be more than 60% of the Mans salary.
You can ask why 60%. Most judges in cases of contested divorces usually feel 60% is fair for wife and kid - unless (a) Wife is working in which case amount can be reduced to the Wifes Salary - the Alimony + Maintenance OR (b) Wife gets remarried.
In both cases - Child Support is required but the Alimony is no longer required.
Fixed Sum of money - Normally this sum is calculated as Amount spent on the marriage by the Brides father divided by 2, All the Jewelry given by the Brides family to the Bride.
Flat Sum for Settling in - This depends on your wealth situation. Usually this sum could be Rs. 2 Lakhs or 10 Lakhs or even 50 Lakhs depending on how wealthy you are. If you have a lot of property worth say Rs. 5 Crore - then the normal amount is between Rs. 25 Lakhs to Rs. 2 Crore depending on how long you were married.
Just give us a call if you have any further questions or fill out the contact form, we get back to you within 24 hours.