FAQ

When choosing the best divorce lawyer in Bangalore, consider DivorcebyLaw.com for a seamless experience. Selecting the right attorney is pivotal. Look for a lawyer with expertise in family law, a proven track record in handling divorce cases, and a strong reputation. Schedule consultations with our experienced lawyers to discuss your unique case, assess their strategies, and decide who aligns best with your needs and goals. With DivorcebyLaw, you benefit from our extensive experience and commitment to providing you with the legal representation that suits your specific situation.

At DivorcebyLaw, our experienced divorce lawyers follow a comprehensive consultation process to serve your needs effectively. We delve into your situation in our initial consultation, gathering all pertinent information. We meticulously assess the legal aspects of your case, offering expert legal advice and discussing the array of available options. Our priority is to create a strategy tailored to your specific goals, ensuring that you are well informed, confident, and fully prepared for your legal proceedings. With DivorcebyLaw, you can trust in our commitment to providing you with personalized, expert guidance throughout your divorce journey.

While it's technically possible to engage a divorce lawyer from another state for your case in Bangalore, the practical choice often favors a local lawyer. DivorcebyLaw's experienced attorneys are well-acquainted with regional matters and court protocols. This local expertise is a distinct advantage as it ensures your case complies with local regulations, streamlines the legal process, and optimizes the outcome while safeguarding your rights and interests. Choosing DivorcebyLaw means benefiting from our knowledge of the Bangalore legal landscape, ensuring your divorce proceedings are efficiently and effectively handled.

Yes, it is a legal requirement for both parties to be physically present in court during the mutual consent divorce process. This ensures that both individuals confirm their unequivocal willingness to divorce and allows them to record their statements. This presence is a critical legal formality in the divorce process, demonstrating the mutual agreement and commitment of both parties to dissolve the marriage. At DivorcebyLaw, we guide you through this essential step, ensuring that all legal procedures are adhered to, and your rights are protected throughout the process.

The seven main grounds for divorce in India include: 

Cruelty: Either spouse displaying cruelty towards the other, causing significant harm or suffering.

Desertion: If one spouse has retracted himself from the marriage and has intentionally abandoned/deserted the other for  2 years or more.

Adultery: When one spouse has illicit sexual affair with another any person.

Sexual Offenses: Including rape, sexual harassment, molestation, bestiality, or sodomy.

Renunciation of the World: When one spouse renounces worldly life for religious or spiritual reasons.

Other grounds for divorce as well.

1. When can one remarry after divorce?

After obtaining the final Mutual Consent divorce judgment / decree from the court, you are legally free to remarry immediately, as your prior marriage is officially and legally dissolved. This pivotal document marks the conclusion of the divorce proceedings, confirming that the previous marital relationship no longer binds you. With this legal clearance, you are at liberty to embark on a new chapter in your life and enter into a new marriage, should you choose to do so, without any lingering legal impediments or obligations tied to your previous union. However when you obtain a divorce judgment / decree on merits you need to wait for the lapse of 90 days appeal period.

2. Under which acts can divorce be taken?

Divorce in India can be pursued under various acts, depending on one's religion and circumstances. Commonly used acts include the Hindu Marriage Act, Special Marriage Act, and the Parsi Marriage and Divorce Act, among others, each catering to different religious and personal situations. Consulting a lawyer at DivorcebyLaw.com helps determine the most relevant act for your case. Our legal experts are well-versed in these acts and can provide the specific guidance you need to navigate the complexities of the legal system, ensuring that your divorce proceedings are both legally sound and in your best interest.

Yes, a wife can receive both alimony and maintenance. Alimony is typically awarded after the divorce as a one-time lump sum payment, while maintenance can be granted during the subsistence of the marriage, separation, or after divorce. The purpose of both is to ensure the financial well-being of the dependent spouse, and courts may award both if deemed necessary.

The choice between alimony and maintenance depends on individual circumstances. Alimony, often a lump sum payment post-divorce, can provide financial stability and closure. Maintenance, being periodic and adaptable, can be more flexible, adjusting to the changing needs of the dependent spouse. Courts decide based on factors like financial status, duration of the marriage, and the needs of the dependent spouse.

The calculation of alimony or maintenance considers factors such as:

- The income and financial resources of both spouses.

- The standard of living during the marriage.

- The age, health, and employability of the spouse seeking support.

- The duration of the marriage.

- The contributions of each spouse to the marriage.

- Any special needs of the dependent spouse or children.

Dowry harassment is primarily covered under Sections 85 & 86 of Bharatiya Nyaya Sanhita, 2023 (previously Section 498A of the Indian Penal Code (IPC)). This section addresses cruelty by a husband or his relatives towards the wife, including dowry demands. Apart from this, there is a special social legislation namely Dowry Prohibition act, 1961 & Protection of Women from Domestic Violence Act, 2005 which are aimed at eradication of social evil. 

Under Section 85 & 86 of BNS, the punishment for dowry harassment includes imprisonment for a term which may extend to three years and also a fine. For Dowry death as per Section 80 of BNS imprisonment for 7 years up to life imprisonment. For Dowry demand as per Dowry Prohibition Act, 1961 imprisonment for 6 months to 2 years and fine upto Rupees 10,000/-. For taking, giving and abetting the giving/taking dowry the punishment is imprisonment for not less than 5 years and fine upto Rupees 15,000/- or the value of the dowry whichever is more. 

 The exact punishment can vary based on the severity and specifics of the case.

Proving dowry harassment typically involves:

- Evidence of demands for dowry (oral or written).

- Receipts of payments made in lieu of purchases/ expenditures 

- Bank statements with transactions related to the payments made

- Witness testimonies from family, friends, or neighbors.

- Medical reports of physical abuse.

- Police reports or complaints filed by the victim.

- Any correspondence (emails, messages) indicating harassment.

Domestic violence, in other words, is any form of abuse or violence by one person against another in a domestic setting, such as in marriage or cohabitation. It includes physical, emotional, psychological, and financial abuse.

The four main types of violence are:

1. Physical Violence: Hitting, slapping, punching, or any form of physical harm.
2. Emotional/Psychological Violence: Intimidation, threats, manipulation, and mental abuse.
3. Sexual Violence: Any non-consensual sexual act or behavior.
4. Economic/Financial Violence: Controlling a person’s financial resources, restricting access to money, or forcing financial dependence.

Proving cruelty against a husband involves:

- Documented evidence of abusive behavior (texts, emails).

- Witness testimonies.

- Medical records of physical injuries.

- Police reports or legal complaints.

- Psychological evaluations or therapy records indicating mental abuse.

Cruelty by the wife refers to any form of abuse, be it physical, emotional, psychological, or economic, inflicted by the wife on the husband. This can include false accusations, physical violence, or manipulation.

Cruelty for men can include:

- Physical abuse by the wife or her family.

- False allegations of dowry harassment or domestic violence.

- Emotional or psychological manipulation.

- Restriction of financial resources or economic abuse.

Yes, a case can be transferred from one court to another. If it is within the same state, an application to the High Court in the form of a petition citing the reason for such request for transfer, can be made. The availability of address proof for the party seeking such transfer is must. Similarly if the case requires to be transferred from one state to another, application to be made to the Supreme Court of India 

Being a wife, if you are living in Bangalore and the children are also ordinarily residing in Bangalore you can file a petition to transfer the case to Bangalore. 

The main types of bail are:

1. Regular Bail: Granted to a person who has been arrested and is in police custody.
2. Interim Bail: Temporary bail granted before the hearing of a regular bail.
3. Anticipatory Bail: Granted to a person apprehending arrest to avoid being taken into custody.

Under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS 2023), the provisions for Bail are as per sections 478 to 496. Bail refers to the temporary release of an accused person from custody, usually on the condition that they appear for trial. It aims to ensure the accused's presence at trial while respecting their right to freedom.

Bail in law is a legal mechanism allowing an accused person to be released temporarily from custody, often by providing a surety or bond, ensuring they will return for trial. It balances the accused's liberty with the interest of justice.

Child custody rules in India focus on the child's best interests, considering factors like the child's age, emotional ties with parents, and the parents' ability to provide for the child's welfare. Both parents can seek custody, and courts may grant joint or sole custody based on circumstances.

Yes, a father can get custody of his child. While traditionally, mothers are often granted custody, fathers can also be awarded custody if it is in the child's best interest. Courts consider various factors, including the father's ability to provide a stable and nurturing environment.

The best type of custody for a child depends on individual circumstances. Joint custody, where both parents share responsibilities, is often considered ideal as it allows the child to maintain strong relationships with both parents. However, sole custody may be appropriate in cases where one parent is deemed unfit or unable to care for the child. The primary focus is always on the child's best interests and welfare.