A divorce can be very difficult to handle, not only for the couple but also for their families. We at RCIC, a leading law firm in Dwarka, try to simplify the process of divorce and make it hassle-free. We provide client-centric solutions and try to protect the rights of our clients. We have handled complex divorce matters in the past – contested or uncontested, mutual consent divorce matters, property-related matrimonial issues, annulment issues, child custody issues. Our team helps the client in both filings or defending divorce petitions and in handling allied issues like domestic violence cases, maintenance issues, child custody cases. We also handle mediation and counseling cases.
Our Core Values and Strengths as best Divorce Lawyers in Dwarka
- Vast presence- national and international, leading law firm in Mumbai, New Delhi, Gurugram, Chandigarh
- Rich legacy and experience
- Client-centric approach
- Cost-effective personalized solution s
- Maintenance of confidentiality
- Personalized solutions
- Handles counseling and mediation as well as litigation matters
- Well versed with all personal Laws like Indian Divorce Act, Hindu Marriage Act, among others.
- The hardworking and dedicated team
Some Frequently Asked Questions on Divorce
What are the types and grounds of a divorce?
It can be difficult to live in a traumatizing marriage with an urge to break free from the clutches of it. It is very important for both the husband and wife to be aware of their rights, at the time of a divorce, for a peaceful settlement. The divorce can be a contested divorce, where one party files a divorce petition for a divorce on some grounds and the other party defends it.
A mutual consent divorce, on the other hand, is a type of divorce where both parties are willing to voluntarily take a divorce.
The grounds for filing a divorce, mainly include-
- Cruelty– can be physical or mental, repeated denial of sex and impotency is also a ground for divorce.
- Adultery – consensual sexual intercourse outside marriage.
- Desertion – must be for a reasonable period of time
- Mental Disorder
- Conversion of religion
- Renunciation of world
We at RCIC, one of the leading divorce law firms in Dwarka can assist you in deciding the type and ground of divorce which is best suited for you. law Firms in Dwarka
What are the documents required at the time of filing a divorce?
You must keep some basic documents handy at the time of filing a divorce. These include-
- Address proof of the husband and wife
- Marriage certificate of the couple
- Photographs of the marriage
- Evidence proving spouses are living separately since more than one year
- 4 passport size photographs of the husband and wife
- Income tax statement for the past 2-3 years
- Details of the current employment and salary drawn by both the spouses
- Details of the property and joint finances
What are the Rights of Women after a divorce?
In order to protect the position of a woman after a divorce, she is entitled to some rights on divorce that include-
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Right to Streedhan
Streedhan is nothing but all the gifts which the wife gets in the form of money, ornaments, property, etc at the time of the marriage. A wife has an ownership rights to her streedhan i.e., the gifts and money received by her from her in-laws and family even though they are in the custody of her husband. law Firms in Dwarka
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Right to Maintenance/ alimony-
Maintenance is the amount that the husband has to pay to the wife, if she is unable to maintain herself after the divorce. It is either paid in lump sum or on an annual or monthly basis. It varies from cases to cases and is decided by the court on the basis of various factors including the income of the husband, income of the wife, living standards, etc.
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Right against Bigamy-
Till the final order in the divorce proceedings are passed, the wife has the right to be the only wedded wife i.e., the husband cannot contract another marriage. The wife has the right to a monogamous relationship.
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Interim Maintenance-
A wife can demand interim maintenance at any time during the pendency of the suit. This maintenance is granted to her to fulfil her basic needs.
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Right to Residence-
A wife has a right to reside in her matrimonial home in which she was brought after marriage. The wife can file for a court order to let her reside in her matrimonial home.
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Right to have respect and live with dignity-
Every woman either divorced or in a marriage has a right to live with respect and dignity. The women can file for a divorce on the grounds of cruelty if she is not respected in the marriage. She can also file an application for domestic violence if she is forced to pay dowry or is ill-treated. She can also file a complaint under Section 498-A IPC if she is ill-treated physically as well as mentally.
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Right to ask for child maintenance-
The custody of the child is decided on the basis of his welfare. Even the mother gets the custody of the child, she has all the right to ask for the maintenance of the child from her husband.
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Right to file a case against domestic violence and dowry demands-
If the wife is facing domestic violence and continuous dowry demands, she can file an application under the Domestic Violence Act and the Divorce Act. She can file a divorce on the grounds of cruelty. If she is mentally as well as physically tortured by her husband and her in laws, she can file a complaint under Section 498- A IPC. While a petition for domestic violence is filed in the civil court, a case under Section 498A IPC is filed in the Criminal court. Both these cases can also be filed simultaneously.
We at RCIC, one of the best divorce law firms in Dwarka, assists the aggrieved women in divorce proceedings. We aim at providing cost effective solutions and protecting the rights of women at each step.
How to seek protection against frivolous Section 498A IPC proceedings?
Section 498A IPC is a provision to protect the women against cruelty – physical/mental, caused by the husband and the in laws. But some women misuse this provision to harass their husbands. The husbands can use the following recourse against false 498A case-
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Collect all evidences and documents-
Make a collection of all the evidences and documents that prove that the petition filed by the wife holds no ground. These evidences might include conversation with your wife and family, evidences showing that the couple lived amicably, proof showing that the wife moved-out, out of her own will.
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Anticipatory Bail
If you are apprehensive that your wife might file a 498A case, then file an anticipatory bail to prevent yourself and your family from arrest.
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Get the 498A FIR Quashed by the court-
The court is mostly reluctant to quash such cases, but if you are able to prove that the case by your wife holds no substance, then the court might quash the said case.
- File a defamation case or an FIR Against False 498A case
- File a Case for Restitution of Conjugal Rights
We at RCIC, the leading divorce law firm in Dwarka understand the pain involved when a false Section 498A case is filed. Our team of experts put in all the efforts to defend our client and his family and help in securing justice.
Our Areas of Practice in Dwarka Courts, as leading Divorce Lawyers in Dwarka
- Adoption of a Child
- Alimony
- Annulment of marriage
- Anticipatory Bail
- Child Custody and Guardianship
- Child Maintenance
- Contested Divorce
- Domestic Violence
- Dowry Issues
- Joint Family Property Disputes
- Judicial Separation
- Maintenance
- Matrimonial Home
- Mediation and Counselling
- Mutual Divorce
- Property issues
- Restitution of Conjugal Rights
- Section 498 A
- Succession issues
- NRI Divorce