Divorce Lawyer in Delhi / India

Law related to divorce, custody, maintenance, succession and inheritance are Personal laws. Especially marriage laws are more personal. In India following marriage laws exists:

1. Hindu Marriage Act, 1955
2. Indian Divorce Act, 1869
3. Muslim marriage Act, 1957
4. Special Marriage Act, 1954
5. Foreign Marriage Act, 1969
6. Indian Christian Marriage Act, 1872
7. Dissolution of Muslim Marriage Act, 1939

When matrimonial dispute arises between parties to marriage, it brings number of litigations with it. It includes civil as well as criminal litigation and involves civil laws, Law of custody, Dowry Prohibition Laws, Domestic violation laws, property issues etc.  For example:
Matrimonial disputes Under Criminal Law:

1. Criminal complaint Under section 498A read with 406 of Indian Penal Code, 1860 and its Proceeding before CAW cell and Magistrate;
2. Complaint under Protection of women from Domestic Violence Act 2005;
3. Complaint under Dowry Prohibition Act;
4. Application under section 125 of Code of Criminal Procedure 1973 seeking mentainence by wife;
5. In filing or defending Bail and anticipatory Bail at any level, before any court namely court of session or High Court and supreme court;
6. In filing or defending various complaints under the various sections of Indian Penal Code as applicable in the particular case;

Matrimonial Disputes under Civil Law:

1. Petition for Divorce under various ground mentioned under section 13 (1) & (2) and 13B of Hindu marriage Act viz. (i) on the ground of mutual consent (ii) Petition on the ground of cruelty, desertion, impotency, adultery etc. 
2. Petition for custody of children under provisions of Guardianship and Wards Act, 1955;
3. Application u/s 24 of HMA for seeking interim maintenance and expenses by wife;
4. Application u/s 9 of HMA  for restitution of conjugal rights;
5. Application u/s 10 of HMA  for Judicial Separation;
6. Application u/s 12 of HMA  for seeking declaration of Marriage Viod;
7. Suit for partition of the joint property owned jointly by husband and wife;

A.K. Singh & CO. is one of the best Law firm in Delhi which practices matrimonial law at such a large scale. Around 50% of our practice involves matrimonial deputes which includes divorce cases, 498A, Bail, Trial of 498A, custody cases, maintenance cases, complaint under domestic violence act etc. We also help our clients in getting dispute resolved by invoking pre-litigation conciliation and mediation process, by filing an application under Delhi Mediation rules. Every district court and high court has mediation centers. As per convenience of client, we approach mediation centre to get settle the disputes at the pre-ligation stage. Mr. A.K.Singh who is one of the “Best divorce lawyers in Delhi” also believes that for the matrimonial disputes, mediation and conciliation is the only way where both the parties settles their disputes with dignity. Its win-win situation for both of the parties where no one loses his/her case.

Contested Divorce, under HMA:
Divorce proceeding can be initiated by two ways. (a) Contested Divorce as defined under section 13 of Hindu Marriage Act-1955 and (b) Divorce by way of mutual consent. Some legal provisions are illustrated herein below:
13. Divorce- (1) Any marriage solemnized, whether before or after the commencement of the Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party-
(i) has, after the solemnization of the marriage had voluntary sexual intercourse with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty; or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(ii) has ceased to be a Hindu by conversion to another religion ; or
(iii) 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.
 (iv) has been suffering from a virulent and incurable form of leprosy; or
(v) has been suffering from veneral disease in a communicable form; or
(vi) has renounced the world by entering any religious order; or
(vii) 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;
Explanation.- In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expression shall be construed accordingly.

Mutual Consent Divorce under HMA:
13-B. Divorce by mutual consent.-(1) Subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment) Act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made earlier than six months after the date of the presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the mean time, the Court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree.

So, we provide comprehensive legal services to our clients so that they can get one window solution of every kind of matrimonial Disputes and at every level of disputes under matrimonial law, criminal law or disputes related to property.  We also help our clients in getting dispute resolved by invoking pre-litigation conciliation and mediation process, by filing an application under Delhi Mediation rules. Every district court and high court has mediation centers. As per convenience of client, we approach mediation centre to get settle the disputes at the pre-ligation stage. Mr. A.K.Singh who is one of the Best divorce lawyer in Delhi also believes that for the matrimonial disputes, mediation and conciliation is the only way where both the parties settles their disputes with dignity. Its win-win situation for both of the parties where no one loses his/her case.
Besides the above, we provide legal assistance to our clients in the following matters namely:

1. Registration of marriages in Delhi and NCR,
2. Conversion from one religion to other;
3. Nikah under Muslim law;
4. Police protection to our clients, from High Court in case of threat of their lives due to marriage;
5. Adoption of children;
6. Guardianship and custody of minor;
7. Khula under Muslim laws;
8. Succession certificate;
9. Registration of Will and codicil;
10. Probate case
11. Letter of administration;
12. Partition of joint properties;
13. Divorce by mutual consent U/s 13B (1) & (2) HMA;
14. Restitution of conjugal rights U/s 9 HMA;
15. Judicial separation U/s 10 HMA;
16. Interim maintenance u/s 125 Cr.P.C;
17. Appointment of protection officer under D.V.Act;
18. Interim compensation under D.V.Act;
19. Separate residence order under D.V.Act
20. Registration of WILL, Gift Deed, Relinquishment deed etc.