Advocate Lovkesh Gupta



Divorce Law

Every Coin has two sides and in same way marriage is one side and divorce is the opposite side of Coin. Divorce means separation of husband and wife from a legally solemnized marriage in a legally and customarily prescribed way by which both acquires a right to remarry again legally.

As per india law divorce can be obtained in 2 ways:
By Mutual consent : It is the easiest way to dissolve marriage legally. Maintenance and child customdy are the 2 important aspects husband and wife should consider. There is no minimum and maximum maintenance limit. Child custody exclusively depends upon understanding of the spouses.
Contested Divorce : As per indian law divorce can be contested on the basis of Unsoundness of mind( of Incurable form), renouncing the world, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years). Aggrieved party has to file the case in the Court of appropriate jurisdiction and prove it.
Judicial separation is an instrument devised under law to afford some time for introspection to both the parties to a troubled marriage. Law allows an opportunity to both the husband and the wife to think about the continuance of their relationship while at the same time directing them to live separate, thus allowing them the much needed space and independence to choose their path.
Nullity of Marriage or Annulment of Marriage: An annulment differs from a Divorce, a court order that terminates a marriage, since it is a judicial statement that there was never a marriage. A divorce, which can only take place where there has been a valid marriage, means that the two parties are no longer Husband and Wife once the decree is issued. An annulment means that the individuals were never united in marriage as husband and wife.

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