Divorce & Matrimonial Issue

Both mutual and contested divorce goes through proper proceedings and is almost the same as filing a law suit. Under such circumstance, notice of divorce cannot be sent through email. the notice has to be sent through a lawyer or the concerned court will send it to the other party.

For mutual divorce, joint filing of divorce petition by the parties can be done. Under such circumstance, examination of petition by the court, recording of statements, etc shall follow. In contested divorce, after filing of petition either by husband or wife, the court issues summons for seeking reply from the other spouse and the other court procedure follows.

Contested divorce is rather a lengthy process and goes through the same procedure in court as any other lawsuit. The period may range from three to five years. whereas for mutual divorce the maximum period to obtain it is two years and the procedure is less complicated.

Divorce in Islam can take variety of forms. Genrally divorce by the husband is done by Talaaq and can also be done by Ila and Zihar. The Dissolution of Muslim Marriages Act, 1939 lays down the necessary grounds under which a Muslim wife can file for her divorce before the Court of Law.

Divorce shall be filed in the District Court(family courts) within the jurisdiction of the parties concerned.

The lumpsum alimony amount so received from divorce does not fall under income tax and thus is not taxable. However alimony paid monthly in the form of cash may fall under income tax as the alimony is treated as revenue receipt.

A divorce consultant is the first person to whom one should approach in case he/she decides to file for divorce. The consultant will provide with all the necessary information including the procedure to obtain monthly alimony, matters concerning children, etc.

A divorce consultant is the first person to whom one should approach in case he/she decides to file for divorce. The consultant will provide with all the necessary information including the procedure to obtain monthly alimony, matters concerning children, etc.

Contact a suitable divorce consultant and before the scheduled meeting, keep in hand all the necessary documents including income details, self-employment documents, tax related documents, etc. The consultant will provide with all other necessary information such as the steps that will be taken next.

When it comes to getting legal aid, gender is never an issue. The only thing that one needs to consider before chosing a divorce attorney is to see whether the attorney will dispose of the work on time and that such person is welcoming and approachable.

As per section 13 B of Hindu Marriage Act, 1955 and section 28 of the Special Marriage Act,1954, the couple should be living separately for at least one year before divorce proceedings can begin. However, under section 10A of the Divorce Act of 1869, the couple has to be separated for at least two years.