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Browse our 1 legal question about Divorce & Separation in India and the lawyer answers, or ask your own questions for free.
Divorce and Separation in Patna, as in the rest of India, are governed by various laws based on religion, community, and place of marriage. For Hindus, Buddhists, Sikhs, and Jains, the laws are under The Hindu Marriage Act, 1955. Muslims are governed by the Muslim Personal Law (Shariat), Parsis by the Parsi Marriage and Divorce Act, 1936, and Indian Christians by Indian Divorce Act, 1869. Civil marriages and inter-community marriages and divorces are controlled by The Special Marriage Act, 1956.
Dealing with the nuances of divorce and separation requires legal expertise, because these cases not only involve the understanding of law but also the complicated issues of alimony, child custody, property distribution, etc. Lawyers can help you understand your rights, obligations and guide you through the legal procedures. Especially in contentious divorces, having a competent lawyer by your side can help protect your interests.
In Patna, as per the Hindu Marriage Act, a petition for divorce can be filed on several grounds including adultery, cruelty, desertion, conversion to another religion, unsound mind, and a communicable disease. Under Muslim law, a woman can demand divorce on the grounds of non-maintenance, impotency, insanity, etc. while a man can give divorce by the pronouncement of ‘talaq’. Further, the Special Marriage Act provides opportunity for spouses to seek divorce by mutual consent.
The time taken for a divorce to be finalized can greatly vary, depending on factors like the court's schedule, complexity of the case, cooperation from both parties, etc. However, the process usually lasts from six months to a year or longer.
Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally when both parties agree to separate by mutual agreement.
There are several grounds for divorce including cruelty, desertion, voluntary sexual inter-course with another person, insanity, etc. The specific grounds can differ based on the personal law under which one is married.
The court considers factors such as financial security, affection and ties between the child and the parent, the age and health of the child, and the conduct of the parents when deciding the custodial rights. The child's preference may also be considered, usually if they are old enough.
Generally, both spouses have equal rights to the marital property and it is usually divided equitably, but the division can be influenced by factors such as the couple's respective earning capabilities, contribution to the household, and the financial needs of any children involved.
In India, alimony is not mandatory in every divorce. It is decided by the court depending on the circumstances of the case, financial status, and other relevant factors.
Absolutely, a woman has the right to file for divorce on any grounds recognized under the personal law she is governed by.
Yes, a divorce case can be withdrawn before the court gives its final verdict. Both parties would have to agree to this, along with the court's permission.
Yes, a divorce can still be granted even if the other party does not consent. Such divorces are termed as 'Contested Divorces'.
A lawyer licensed to practice in India can represent a client anywhere in India.
For more detailed information on divorce and separation laws, you can refer to Indian law books and legal guidelines available at major libraries or online. Apart from this, several Non-Government Organizations (NGO’s) provide legal aid and guidance related to divorce and separation issues. The Family Court in Patna is also a valuable resource for understanding your rights and obligations.
If you are considering divorce or separation, you should contact a legal professional who specializes in family law. Prepare a list of questions you may have and organize all relevant documents, such as marriage certificates, property papers, etc. It is important to be prepared and well-informed during this challenging time.
