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OVERVIEW

There are times when the compatibility between two partner is not good or they don’t feel that they can spend their whole life together for this the concept of Divorce was introduced. Divorce means termination of the marital relationship. The divorce is a process where the married partners does not want to live together anymore, they can do it either mutually or by any contest.These kinds of cases are handled by family lawyer since it is a process that require fine skills and legal knowledge.

At Law Samadhan, our team of experienced lawyers offers personalized advice and guidance to help you make informed decisions and protect your interests throughout the divorce process. Whether you're considering filing for divorce, have already started the process, or need help resolving post-divorce issues, we're here to help. Contact us today to schedule a consultation and let us help you navigate the complexities of divorce proceedings, while protecting your interests.

Law that deals with Divorce in India are-

Hindu Marriage Act 1955 (For Hindu, Buddhist, Sikhs and Jains)

Dissolution of Muslim Marriage Act,1939 (For Muslims)

Indian Divorce Act,1869 (For Christians)

Parsi Marriage and Divorce Act, 1936 (For Parsis)

Special Marriage Act, 1954 (For Marriage that falls within special marriage)

Grounds for Divorce-

Mutual consent

Cruelty

Adultery

Desertion

Conversion

Mental disorder

Communicable or contagious disease

Renunciation of the world

Spouse is presumed dead

Issues in Divorce-

Maintenance- It is an amount paid by one spouse to another after divorce so that they can financially be taken care of. This concept started because women were dependent on men financially but now since the women are also capable of taking care of themselves men can also claim maintenance under Hindu Marriage Act, 1955 but not in Special Marriage Act,1954.

Custody- After the Divorce the main issue that arise is that of what will happen with the minor child. This issue is handled by court and according to the Guardian and Ward Act,1890 court consider the best option for the child rather than following any custom or tradition.

Property- Under normal circumstances any specific property belongs to the Individual in whose name it is registered but in divorce if the property is in the name of one person and the other one makes contribution then they can claim their share or in case of joint property the division is made based on the contribution made by them.

The ancestral property does not fall under the claim of property after Divorce.