Looking for the Divorce Lawyers in Delhi? Your search ends here. We at Best Delhi Lawyers, founded by Advocate Suresh Kumar, offer expert legal assistance in divorce cases across Delhi, the entire NCR region, and Haryana. With over 5 years of experience in handling complex divorce matters, our legal team ensures your case is handled with complete professionalism and urgency.
Our Divorce Services
Mutual Consent Divorce Lawyer
Mutual Consent Divorce is a simplified divorce procedure to legally end a marriage when both spouses mutually agree to separate. This type of divorce is governed under Section 13B of the Hindu Marriage Act, 1955, applicable to Hindu couples (including Sikhs, Jains, and Buddhists). It is also available under Section 28 of the Special Marriage Act, 1954 for marriages between two different religions or court marriages. To get the divorce by mutual consent, contact our Best Delhi Lawyers law firm and consult your case.
Contested Divorce Lawyer
A contested divorce refers to a divorce situation where one spouse agrees but the other one doesn’t. In this case, the divorce petition filed by any spouse will be called a contested divorce. This type of divorce is governed under Section 13(1) of the Hindu Marriage Act, 1955, and requires the petitioner to provide acceptable legal grounds for divorce. If you fail to give a proper ground for divorce, your petition will be rejected. But not when we are guiding you—the way our professional lawyers in Delhi make sure everything stays under the law so your case won’t get rejected.
Child Custody Lawyer
Nobody wants to leave their child to grow without their parents, but sometimes situations don’t give us a choice. When going through a divorce and having children, there is always the question about who will have custody of the child. In mutual consent divorce, this is already decided by the parents, but in contested divorce, child custody becomes really difficult as both of them can claim for the child’s custody. Most of the time it’s the woman who gets the custody of the child, but sometimes even they can struggle to get the custody of children. With our best divorce advocates professional guidance and expertise, we will make sure you get your child’s custody along with his maintenance like school fees, tuition fees, his daily meals, clothes, etc.
Types of Child Custody Order in Indian Law
➤ Permanent Child Custody
This is the final custody arrangement granted after hearing all facts and evidence by the court. The parent given permanent custody becomes the primary guardian and decision-maker in the child’s life.
➤ Interim Child Custody
During the procedure of the divorce and the case, the court may grant temporary (interim) custody to one parent. This ensures that the child’s routine, safety, and stability are maintained until a final decision is made. This is called Interim Child Custody.
➤ Visitation Rights
If permanent custody is granted to one parent, the non-custodial parent has the right to maintain a meaningful relationship with the child. Visiting schedules (weekly, monthly, school vacations, festivals, etc.) are clearly defined by the court to avoid any future disputes.
➤ Joint Child Custody
In some cases, the court can grant joint child custody to both parents. In this custody, both parents will be liable for the child’s future decisions and expenses. The child’s staying schedule will be decided by the court after consulting with both parents, like 6 months staying with mother and 6 months with father. This can also be decided by parents at the time of taking custody.
Maintenance & Alimony Lawyer
Maintenance and alimony are very important parts of any divorce procedure in both mutual consent divorce and contested divorce. It’s a provision provided by the law, especially for women, so they won’t suffer financially after the divorce. Alimony is a one-time payment amount which can be paid after the divorce—this is a final settlement, after which no amount will be given by the husband to the wife. On the other hand, maintenance is a monthly paid amount to the wife by the husband for maintaining her financial situation.
There are two types of maintenance—one is temporary maintenance and the other one is permanent maintenance. In temporary maintenance, the husband can pay for maintenance for a short time period (weekly/monthly basis); after that, he will not pay any amount to the wife. In permanent maintenance, the husband has to provide long-term financial support to the wife unless some specific conditions are met, as decided by the court.
Types of Maintenance:
Interim Maintenance (during divorce proceedings): While the divorce case is ongoing, the spouse seeking maintenance can file for interim relief. This is meant to support the spouse who may be unable to sustain themselves during the process.
Permanent Maintenance (post-divorce alimony): After the divorce is finalized, one spouse may be entitled to permanent maintenance based on factors such as financial status, duration of the marriage, age, and health of the requesting spouse, and the lifestyle they were accustomed to during the marriage.
Eligibility for Maintenance or Alimony:
A spouse seeking maintenance must prove that they are financially dependent on the other spouse. Most likely, the wife must submit documents in court to prove that she is financially dependent on the husband. After taking some more things into consideration, the court can grant either maintenance or alimony to the wife. In some scenarios, husbands can also claim for maintenance and alimony from the wife, but chances are rare. The husband must prove it to the court that he is financially dependent on his wife.
What are the Legal Grounds for Divorce
It’s very important to know the legal grounds before you head to court for filing the divorce petition. You have to provide a valid and legally recognizable ground before filing for legal separation. Here are some grounds which can be used as cause for filing divorce in India.
- Cruelty: Includes both physical and mental cruelty, also known as domestic violence. This may involve abusive behavior, verbal attacks, refusal of marital obligations, or behavior that causes emotional trauma. Courts assess cruelty based on the conduct and impact on the mental well-being of the petitioner.
- Adultery: Adultery is becoming a very common reason for divorce nowadays. If one spouse engages in sexual relations with someone outside the marriage, the other spouse can file for divorce on the ground of adultery. Make sure to collect proper evidence or eyewitnesses to prove the other guilty.
- Desertion: When one spouse leaves the other without any reasonable cause and notice for a continuous period of at least two years, this can be used as a ground for filing the divorce petition.
- Conversion in Religion: If any one of the couple converts to another religion without the permission of the other spouse, this is a valid ground for divorce. But if they convert with mutual discussion, then there is no problem at all.
- Mental Disorder or Incurable Disease:
When the respondent suffers from a mental illness that is incurable or so severe that it makes it impossible to cure. In this situation, one can file for divorce and legally separate himself/herself. - Venereal Disease (STDs):
If one spouse is suffering from a sexually transmitted disease that is transferable during intercourse and poses health risks to the other, it qualifies as a legal ground for divorce. - Detachment from the World:
If one spouse has decided to detach himself/herself from worldly life and entered a religious order (e.g., becomes a sanyasi or monk), this is recognized as a valid ground for ending the marriage under the Hindu Marriage Act. - Presumption of Death:
If a spouse has not been heard from for a continuous period of seven years or more and is believed to be dead, the other spouse may seek a divorce on the basis of presumed death. But he/she must prove the abandonment in the courtroom.
As you can see, it’s not easy to just get divorced legally in India and cities like Delhi where the population is stuffed. Going to court again and again without any legal support is really harsh, especially in a situation like divorce. That’s why our Best Delhi Lawyers law firm suggests getting legal help from us or at least just consult your situation with us.
Why Choose Best Delhi Lawyers?
Whether you need a skilled divorce attorney to represent you in court or guidance in complex matrimonial disputes, our team is here to provide reliable and personalized support
- Extensive Experience in Delhi & NCR
- Clear legal guidance from first consultation to case closure
- Affordable and transparent legal fees
- Court representation across all District Courts, including Tis Hazari, Rohini, Patiala House, Saket, Karkardooma, Dwarka, and courts in Gurugram, Faridabad, Sonipat, and other parts of Haryana