What are the consultation fees?

The consultation fee may vary depending on the complexity of the case and the experience of the lawyer. It is best to contact us directly for specific fee information.

Does Legal365 handle property controversy cases?

Yes, Legal365 handles property dispute cases, including matters related to ownership, heritage, and tenancy issues in Delhi.

What can Legal365 assist with corporate legal matters?

Yes, we provide services to corporate customers, including contract formatting, compliance, mergers and acquisitions, and dispute solutions.

Does your lawyer have experience in family law cases?

Legal365 has experienced lawyers in family law, handling cases such as divorce, child custody, alimony, and domestic violence.

What is the specific period to solve the legal case?

The duration varies depending on the complexity of the case and the court schedule. Our goal is to efficiently resolve matters while ensuring complete representation.

Best Divorce Lawyer in Delhi | Top Advocates for Legal Separation

Protect Your Rights & Future - Trusted Divorce Lawyer in Delhi

Tax incidence is not a legal matter, it happens as a very personal journey. However, if you have a trusted divorce lawyer in Delhi NCR, your interests will be safeguarded and your future secured. All types of divorce matters are a speciality of the expert lawyers at Legals365, who are always focused on fairness, compassion and professionalism.

In addition, we work with our clients to help them understand their rights, their options and the best legal strategy for them. If you are looking for the best divorce lawyer in Delhi, then we have established our name based on the foundation of integrity, expertise and client satisfaction.

Our Divorce Legal Services in Delhi

We at Legals365 provide full legal services for handling all types of divorce and related family law cases...

Mutual Divorce

If you and your spouse agree to part ways peacefully, we handle all documents, file the petition, and represent you in court for a smooth and stress-free process.

Contested Divorce

We represent you in complex cases involving disputes over custody, assets, or alimony. Our expert lawyers build strong cases backed with evidence and strategy.

Child Custody

Whether it's joint or sole custody, we ensure the child's best interest is protected, and guide you through parental rights and legal responsibilities.

Domestic Violence

Your safety matters. We act promptly to secure protection orders under the Domestic Violence Act and ensure you're legally and physically safeguarded.

Alimony & Maintenance

We help determine fair alimony and child maintenance, whether you're seeking support or being asked to provide it, ensuring justice and fairness.

NRI Divorce Cases

Our team manages international divorce complexities, including cross-border custody and property disputes, with seamless coordination and documentation.

Divorce under the Hindu Marriage Act, 1955

Under The Hindu Marriage Act, 1955, provides a legal framework for Hindus, Buddhists, Jains, and Sikhs to dissolve a marriage. It allows for both fault-based and mutual consent divorces under Section 13, offering protection especially for women and enabling divorce based on various legal grounds.
The Act also includes special security for women, allows wives to divorce if the husband is guilty of rape, sodomy or bestness. The process begins in the family court.

Grounds for divorce:

Under Section 13 of the Hindu Marriage Act, 1955, either spouse can petition for divorce on various grounds, including:

Adultery: Voluntary intercourse with anyone other than a spouse.
Cruelty: Physical or mental loss by spouse.
Desertion: Abandonment without an appropriate reason for at least two years.
Conversion: The spouses stop being Hindus by converting to another religion.
Mental Disorder:The spouse is incompatible with the unhealthy mind or suffers from a mental disorder that makes cohabitation unfair.
Leprosy: The spouse suffers from a viral and incurable form of leprosy.
Venereal Disease: The husband or wife is suffering from a communicable venereal disease.
Renunciation: The spouse has abandoned the world by entering the religious order.
Estimation of Death:The spouse has not been heard of as surviving for seven years.

Process:

Petition to file: The victim party filed a divorce petition in the family court, which has jurisdiction.
Service of notice: The court provides notice to another husband or wife.
Response: The defendant files a written statement.
Evidence and hearing: Both sides present evidence and are heard.
Decree: If the grounds are proved, the court provides a decree of divorce.

Divorce under the Special Marriage Act, 1954

Under the Special Marriage Act, 1954, marriage disintegration is controlled for all Indian citizens, including interfaith and civil marriages. This secular law allows both defect-based and mutual consent divorce. Unlike individual laws, SMA applies equally regardless of religion, but excludes grounds such as religious conversion or renunciation found in the Hindu Marriage Act. This process starts in the district court, where reconciliation can be made before issuing the decree.

Section 27 of the Special Marriage Act, 1954, either allows the spouse to divorce in such a way:

Adultery: The spouses are engaged in voluntary intercourse outside the marriage.
Cruelty: The spouse has cruelly treated the petitioner.
Desertion: The spouse has left the petitioner for at least two years.
Imprisonment: The husband or wife has been sentenced to imprisonment for seven years or more.
Mental disorder: The spouse is of an unhealthy mind or suffering from a mental disorder.
Venereal Disease: The husband or wife is suffering from a communicable veneer disease.
Presumption of death: The spouse has not been heard of as surviving for seven years.

Section 28 provides for divorce by mutual consent; it requires:

This couple has been living separately for at least one year.
They have mutually recommended to dissolve the marriage.

After filing a joint petition, there is a six-month waiting period before the court decree.

Process:

Petition to file: Either husband or wife (or both, in mutual consent) files a divorce petition in the district court.
Service of notice: The court provides notice to another husband or wife.
Response: The defendant files a written statement.
Evidence and hearing: Both sides present evidence and are heard.
Decree: If the base is proved, the court grants a DI

Constitutional Rights During Divorce - Know Your Legal Protections

There are powerful constitutional rights that many people going through a divorce don't realise are protected by. These rights offer legal protection, fairness, and personal safety during the divorce process. Before getting a divorce lawyer in Delhi or not, you all need to be aware of things that are in your favour. It helps you to be able to legally and emotionally protect yourself during this very life transition.

Our team of top divorce lawyers in Delhi lets every client exercise these rights completely and fully.

Article 14 - Right to Equality Before Law

Article 14 makes sure that every individual is subject to the law equally. What this means is that in divorce proceedings, the gender, the income or the status of the spouses does not matter, as all the spouses are legally equal.

Article 21 - Right to Life & Personal Liberty

Article 21 protects you to lead your life with dignity, freedom, and safety. In particular, there is a lot to appreciate if, for example, you are already harassed, emotionally manipulated or threatened by your spouse while going through divorce; and this matters all the more when your opponent has substantial resources.

Right Against Domestic Violence - Protection of Women Under DV Act, 2005

As per the Protection of Women from Domestic Violence Act, 2005, one has the right to live free from any sort of abuse, such as physical, verbal, emotional and financial. Unfortunately, most women do go through domestic abuse before and during the divorce.

Article 32 - Constitutional Remedy in High Court/Supreme Court

Article 32 permits you to go to the High Court or Supreme Court in the event your rights are not respected by lower courts or if justice is delayed. It is a very good legal tool for those whose fundamental rights are violated during the process of divorce.

Best Divorce Lawyer in Delhi

Protect Your Rights & Future - Trusted Divorce Lawyer in Delhi