Marriage & Marriage Issues
Ground For Divorce
- Cruelty: Conduct as to make it impossible for parties to live together – this includes mental or/and physical cruelty
- Adultery: Voluntarily sexual intercourse outside wedlock, one instance of lapse of virtue to grant of divorce.
- Desertion: Has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition
- Conversion of religion: Ceased to be a Hindu by conversion to another religion
- Unsoundness of mind:Has been incurably of unsound mind, or has suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
- Incurable Disease: has been suffering from a virulent and incurable form of leprosy
- Communicable Disease: Has been suffering from Veneral disease in a communicable form
- Renunciation of The World: Has renounced the world by entering any religious order
- Not Heard of as being alive for a period of seven years: Has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive.
DIVORCE
Our professional approach is ‘second to none’ and our clients have often referred to us as the Best Divorce Lawyers in Bangalore. We have won many hearts in the process of helping people in their time of need.
In every case we endeavor to make every possible effort to save the marriage keeping the best interest and welfare of the client as paramount. After evaluation of the case and on consultation with the client, if we are of the view that divorce or dissolution of marriage is the only option then we advise, assist, and strategize on case to case basis for timely and expeditious results and disposal of the case.
advocatekiransr.com has successfully fought numerous cases with outstanding results. We assure you the best possible legal Solutions available for all your family/Divorce issues.
What is Divorce?
Divorce or dissolution of marriage is the termination of a marriage or marital union, the canceling and/or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under law. Divorce requires the sanction of court for final determination. The legal process of divorce may also involve issues of alimony, maintenance, child custody, child visitation/access, parenting time, child support, distribution of property, and division of debt. Divorce allows each former partner to marry another person.
Kinds of Divorce
- Divorce by Mutual Consent
The easiest and modest way to get a divorce. In this process both parties agree to terms/conditions that are amicable to each other. A joint petition is filed in the Family/jurisdictional court. A period of one year of separation is a pre qualifying mandated prior to presentation of the divorce petition and waiting period of six months is mandatory from the date of filing until the court calls upon the parties, ascertains the terms and conditions and then grants the divorce. In the latest of procedures, the courts are magnanimous/accommodating in waving off the six months cooling off period on filing of appropriate Interim Application.
- Contested Divorce
In this regard we follow the fault based system of divorce. Divorce is granted only on proof of fault or guilty conduct of one party and innocence of the other.
- Voidable / Annulled or Nullity of Marriage
Any marriage shall be voidable or may be annulled by a decree of nullity on the grounds of the impotency of the respondent or that the consent of the petitioner (person initiating the case) has been obtained by force or fraud as to the ceremony or as to any material fact or circumstance concerning the respondent or that the respondent at the time of marriage was pregnant by some other person other that the petitioner. Under these circumstances, the case ought to be filed within one year of marriage or one year from the date of knowledge of fraud.
MARRIAGE
What is Marriage ?
The legally or formally recognized union of a man and a woman or in some jurisdictions (Not Yet In India) two people of the same sex as partners in a relationship.
According to Hinduism or persons other than Christian/ Muslim
Hindu Marriage joins two individuals for life, so that they can pursue dharma (duty), artha (possessions), kama (physical desires), and moksha (ultimate spiritual release) together. It is a union of two individuals as husband and wife, and is recognized by law
According to Christianity
The Marriage Union is God’s Work. God brings a man and a woman together in marriage. It is not humankind’s prerogative to separate what God has chosen to put together.
Marriage is the most basic and significant social relationship to humankind. This relationship must be nurtured and maintained for the welfare of all. Without marriage, society will fail.
According to Islam
In Islam, marriage is a legal contract “matrimony contract”; between two people. The bride is to consent to the marriage of her own free will. A formal, binding contract is considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride. There must be two Muslim witnesses of the marriage contract..