Family Court| Mutual Consent Divorce| Contested Divorce| Experienced Lawyer

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In case, husband or wife intends to move for a Divorce, they have two options:

Mutual Divorce, where wife and husband discuss and negotiate their terms of separation in regard to permanent alimony, Maintenance, child custody and other terms as both parties deem fit and proper. There are cases in which, the parties may amicably end the discorded marriage without any claim against each other. In this type of Divorce, the Parties do not make allegations against each other, and they amicably resolve their disputes. This is ideal, hassle free and amicable type of divorce.

In case either of the parties are not agreeable to the Divorce on amicable terms, then aggrieved wife or husband can seek divorce, as per the law, by filing contested Divorce.

Contested Divorce, where aggrieved wife or husband  seek divorce against the other partner, on the grounds of cruelty, desertion, adultery and other grounds as under the law. This is fully contested proceedings, and the courts decide the case on the basis of evidence lead by aggrieved partner against the other. As the name implies, these are contested proceedings, where aggrieved party set out his/her case against the other spouse. 

Judicial Separation proceedings will not dissolve the marriage, but the wife or husband by keeping their marriage status intact, through judicial seperation stay away from each other ans do not cohabit. This is again contested proceedings, and the party filing the petition for judicial separation has to lead evidence to prove grounds for seeking judicial separation such as on the grounds of cruelty, adultery, desertion, and the  other grounds as contemplated under the law.

Marriage Voiding proceedings is also another remedy through which parties may seek for dissolution of marriage by seeking annulment of marriage on the grounds of fraud and non-conssumation of marriage. 

Maintenance Case allow a party to claim maintenance from the other spouse, a monthly maintenance amount for themselves and minor children, if any. The courts decide, estimate and decide on the Maintennace amount on the basis of assets and liabilities declared by both the sides. Maintenance would generally be decided keeping in view that, the maintenance claiming partner and minor child could enjoy and maintain similar lifestyle which she could enjoy had the divorce or separation proceedings did not happen. However, these proceedings may not be used for enrichment. The courts assess, analyse assets and liabilities declared by the parties to come to a conclusion and to estimate and decide on maintenance amounts to be ordered.

These proceedings are technical and ought to be handled with prudence, because there are criminal consequences in case any incorrect or deliberate misrepresentation of facts are declared to the courts, and as such, the parties should act with great caution and responsibility. 

Child Custody proceedings ensue from marital discord, when the wife and husband intend to separate from each other. Child Custody disputes are technical and court ascertain and decide custody of minor child on the basis of various factors for deciding whether the welfare of minor child is with father or mother (or relatives). 

These proceedings are highly volatile proceedings, since the courts act as parens patriae of the minor child i.e., legal protector of minor child till they attain 18 years and the courts may decide and change custody, depending on prevailing and contemporary circumstances which prevail or exist from time to time, taking into account welfare of minor child as paramount consideration.

Non custodial parent battles for visitation and shared parenting rights to ensure minor child is not severed from the non-custodial parent.