Divorce Lawyer in Pune

Avdhut Anil Sutar
Avdhut Anil Sutar
2023-08-03
If you're looking for a competent and reliable Criminal Lawyer in Pune, Trident Legal is the way to go. They handled my case with utmost professionalism.
shashank Randive
shashank Randive
2023-08-02
Best Legal services in Pune
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ROHAN UMAPE
2023-08-01
gives good guidance in legal matters....
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Sayali Dhangekar
2023-08-01
These lawyers are very good and help very well
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Deepali Raut
2023-08-01
Provides best marriage registration service in pune
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Flat No. 302, Kalunkhe Niwas, Khopade Nagar, Gujaewadi, Katraj, Pune - 411041

Are you currently facing the arduous and deeply emotional journey that is divorce? It is of utmost importance to seek the aid of a knowledgeable and empathetic divorce attorney, as they will play a crucial role in safeguarding your rights and guiding you through this intricate legal process with ease. At Trident Legal, we possess a profound comprehension of the multifaceted nature of divorce cases, and our unwavering dedication lies in offering expert legal counsel to empower you in making well-informed decisions during this trying period.

Information about ‘Divorce Law’:

Understanding Indian divorce laws can be confusing and overwhelming. The laws are different for various religions and communities, and they often change over time. That’s why having an experienced divorce lawyer is so important. They can help you understand your rights and options within this complicated system. Amidst the tumultuous journey of divorce, myriad crucial aspects warrant contemplation:

  1. The grounds for divorce
  2. The division of assets
  3. The custody of children
  4. Alimony
  5. Maintenance

Understanding Divorce Laws in India:

In the diverse nation of India, the dissolution of marriages is regulated by an array of personal laws that are intricately tied to different religions and communities. It is important to note that the legal procedures and grounds for divorce exhibit substantial variations among Hindus, Muslims, Christians, as well as individuals affiliated with other religious groups residing in the country.

  1. Divorce in Hindu Law: Under Hindu law, divorce can be sought under various grounds, such as adultery, cruelty, desertion, conversion to another religion, mental disorders, and incurable diseases. The Hindu Marriage Act of 1955 provides both contested and mutual consent divorce provisions.
  2. Divorce in Muslim Law: Muslim personal law permits divorce through various means, including Talaq (divorce initiated by the husband), Khula (divorce initiated by the wife), and Mubarak (mutual divorce). Following specific procedures prescribed under Muslim law while seeking a divorce is essential.
  3. Divorce in Other Personal Laws: Christians can seek divorce under the Indian Divorce Act of 1869 and Parsis under the Parsi Marriage and Divorce Act of 1936. Additionally, other communities have laws that govern divorce proceedings.

How to Choose the Best Divorce Lawyer in Pune:

Choosing the perfect divorce attorney is a critical and influential choice that can profoundly shape the resolution of your case. Deliberating on several crucial factors can aid you in selecting the finest divorce lawyer in Pune. Here are some imperative considerations to keep in mind:

  1. Vast Experience: Advocate Nikhil Rathod, the mastermind behind Trident Legal, holds an extensive repertoire of handling a wide array of divorce cases. Over years of dedicated practice, he has meticulously refined his expertise in the intricacies of divorce law.
  2. Specialized Expertise: At Trident Legal, our adept team specializes in family law with a keen focus on divorce cases. We have a profound understanding of the particular laws and procedures that apply to different religious communities, ensuring comprehensive and efficient legal representation.
  1. Client Testimonials: The reputation of a lawyer speaks volumes about their competency. Advocate Nikhil Rathod has earned the trust of numerous clients through his dedication and successful track record.
  2. Compassion: Going through a divorce is emotionally challenging. Our team empathizes with your situation and ensures you receive the support and understanding you need.
  3. Communication: Clear and open communication is essential in legal proceedings. Trident Legal prioritizes regular updates and transparent communication with clients.

Latest News on Divorce Law in India:

  • In May 2023, the Supreme Court of India recognized the “irretrievable breakdown of marriage” as a ground for divorce under Hindu law. This is a significant change, as it means that couples can get a divorce even if they cannot prove their spouse has committed any fault.
  • The Divorce Laws (Amendment) Bill, 2023, was recently introduced in the Indian Parliament. The bill proposes several changes to the Indian divorce laws, including: 
    1. It reduces the waiting period for divorce from two years to one year.
    2. Introducing a new ground for divorce, namely, “irretrievable breakdown of marriage.”
    3. They are making it easier for couples to get a divorce by mutual consent.
  • The bill is still under consideration by the Parliament, but it is expected to be passed into law soon. Once the bill is passed, it will make it easier for couples to get a divorce in India.

Law Amendment Related to Divorce Law:

The Divorce Laws (Amendment) Bill, 2023, was recently introduced in the Indian Parliament. The bill proposes several changes to the Indian divorce laws, including:

  1. They are reducing the waiting period for divorce from two years to one year. Currently, couples must be separated for two years before filing for divorce. The bill proposes to reduce this waiting period to one year. This will make it easier for couples to get a divorce and move on with their lives.
  2. Introducing a new ground for divorce, namely, “irretrievable breakdown of marriage.” Currently, couples can only get a divorce if they can prove that their spouse has committed one of the specific grounds for divorce, such as adultery or cruelty. The bill proposes introducing a new ground for divorce: “irretrievable breakdown of marriage.” This means couples could get a divorce even if they cannot prove their spouse has committed any fault.
  3. They are making it easier for couples to get a divorce by mutual consent. Currently, couples who want to get a divorce by mutual consent must go through a lengthy and complicated process. The bill proposes to make it easier for couples to get a divorce by mutual consent. This would involve reducing the number of steps couples need to take and making the process more streamlined.

Divorce Laws in India: 

The legal framework governing divorces in India draws its basis from several acts, namely the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, as well as the Muslim Personal Law (Shariat) Application Act of 1937.

Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, provides several grounds for divorce for Hindus, including:

  1. Adultery
  2. Cruelty
  3. Desertion
  4. Conversion to another religion
  5. Insanity
  6. Leprosy
  7. Venereal disease
Special Marriage Act, 1954

Under the comprehensive legislation known as the Special Marriage Act of 1954, individuals hailing from diverse religious backgrounds are granted a standardized legal framework pertaining to divorce. This inclusive statute aligns the grounds for divorce with those enumerated in the Hindu Marriage Act, while further augmenting the grounds with the incorporation of additional stipulations:

  1. Bigamy
  2. Unsoundness of mind
  3. Venereal disease
Muslim Personal Law (Shariat) Application Act, 1937

The Muslim Personal Law (Shariat) Application Act, 1937, provides several grounds for divorce for Muslims, including:

  1. Iddat
  2. Talaq
  3. Khula
  4. Faskh

Grounds of Divorce under Hindu Law:

The grounds for divorce under Hindu law are:

  1. Adultery: This is the most common ground for divorce under Hindu law. It is sexual intercourse between a married person and someone other than their spouse.
  2. Cruelty: This broad ground can include physical, mental, or emotional abuse.
  3. Desertion: This is when one spouse leaves the other spouse without any reasonable cause and without the intention of returning.
  4. Conversion to another religion: This ground only applies if the conversion was done without the other spouse’s consent.
  5. Insanity: This ground only applies if the insanity is permanent and will likely continue for the rest of the spouse’s life.
  6. Leprosy: This ground only applies if the leprosy is contagious and will likely continue for the rest of the spouse’s life.
  7. Venereal disease: This ground only applies if the venereal disease is contagious and is likely to continue for the rest of the spouse’s life.

Divorce Process in India:

The divorce process in India is a multifaceted and time-consuming journey that necessitates careful consideration. Engaging with a seasoned divorce lawyer is vital to fully comprehend your rights and explore all available options.

The divorce process in India encompasses several general steps that entail various legal procedures and formalities. These steps are as follows, shedding light on the intricacies involved:

 

  1. Initiating the divorce petition: As a primary step, it is imperative to file a comprehensive petition for divorce in the appropriate court. This pivotal document should be submitted by the spouse who seeks the dissolution of the marital bond.
  2. Serving the petition on the other spouse: Ensuring fairness and adherence to legal requirements, the petition must be served upon the other spouse. This can be accomplished through personal service or the utilization of registered post, guaranteeing the delivery of significant legal notice.
  3. Responding to the petition: Granting due consideration to fairness and due process, the other spouse possesses the right to respond to the divorce petition. This response entails two distinct possibilities: contesting the divorce, wherein they dispute the grounds for separation, or accepting the divorce, acknowledging the need for a dissolution.
  4. Trial proceedings: Should the other spouse decide to contest the divorce, the case will proceed to trial. This stage encompasses a comprehensive examination of evidence presented by both spouses. The judicious court will meticulously evaluate the arguments and facts presented before rendering a decision regarding the viability of granting the requested divorce.
  5. Decree of divorce: Upon the court’s favorable ruling, a decree of divorce is issued, effectively dissolving the matrimonial union. This definitive decree grants the much-needed freedom to both spouses, enabling them to embark upon the journey of remarriage if they so desire.

The divorce process in India can take anywhere from a few months to a few years. The length of time will depend on several factors, including the case’s complexity and the court’s workload.

Divorce in Hindu Law:

Under Hindu law, divorce can be sought under various grounds, such as adultery, cruelty, desertion, conversion to another religion, mental disorders, and incurable diseases. The Hindu Marriage Act of 1955 provides both contested and mutual consent divorce provisions.

Divorce in Muslim Law:

Muslim personal law permits divorce through various means, including Talaq (divorce initiated by the husband), Khula (divorce initiated by the wife), and Mubarak (mutual divorce). Following specific procedures prescribed under Muslim law while seeking a divorce is essential.

What Does a Divorce Lawyer Do:

A divorce lawyer is crucial in guiding individuals through the legal divorce process. Advocate Nikhil Rathod and his team at Trident Legal provide comprehensive legal support and assistance in the following areas:

  1. Legal Consultation: Understanding the unique circumstances of each case and providing expert advice on the most suitable legal approach.
  2. Documentation: Assisting in preparing and filing all necessary legal documents, ensuring accuracy and adherence to court procedures.
  3. Mediation and Negotiation: Encouraging amicable settlements through mediation and negotiation to avoid lengthy court battles.
  4. Representation in Court: Advocate Nikhil Rathod is a skilled litigator who can represent clients effectively in court if the case requires a contested hearing.
  5. Child Custody and Support: Handling sensitive issues related to child custody, visitation rights, and child support.

Why Should You Choose Trident Legal:

At Trident Legal, we understand that divorce can be emotionally and mentally taxing. Our team, led by Advocate Nikhil Rathod, is committed to providing you with the best legal representation and support throughout your divorce journey. Here’s why you should choose us:

  1. Experience and Expertise: Advocate Nikhil Rathod has extensive experience handling divorce cases and a deep understanding of the diverse legal frameworks governing divorce in India.
  2. Client-Centric Approach: We prioritize our client’s needs and concerns, offering compassionate and personalized legal counsel to ensure the best possible outcome.
  3. Effective Communication: We believe in transparent and regular communication with our clients, keeping them informed at every stage of the legal process.
  4. Success Record: Trident Legal has a proven track record of achieving favorable outcomes for our clients, making us one of Pune’s most reliable choices for divorce cases.
  5. Affordability: While we provide top-notch legal services, we understand the financial strain that divorce can bring. Our fee structures are competitive, and we offer flexible payment options to accommodate your budget.

Services We Provide:

Family Lawyer in Pune

Conclusion

Navigating a divorce can be challenging, and having the right legal representation can make all the difference. Advocate Nikhil Rathod and his team at Trident Legal are dedicated to standing by your side during this difficult time and ensuring that your rights are protected.

With our deep knowledge of divorce laws in India, including both Hindu and Muslim laws, we can guide you through the legal complexities, help you explore amicable solutions, and represent you effectively in court when needed.

Remember, divorce is not just the end of a chapter but the beginning of a new one. At Trident Legal, we strive to help you embrace the future with confidence and optimism. Contact us today for expert legal assistance in divorce matters.

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Divorce Lawyer in Pune: Get Your Divorce Simplified

FREQUENTLY ASKED QUESTION (FAQ'S) FOR DIVORCE LAWYER IN PUNE

How much does it cost to get divorce in Pune?

The approximate fees of lawyers for divorce case can range anywhere between Rs. 30,000 - Rs. 70,000 depending on the experience of the lawyer. Please Note- The prices mentioned above are indicative and subject to change.

How much does a divorce lawyer cost in India?

Although there is no set fee for attorneys in India, a mutual divorce case there often costs between 5,000 and 50,000. Depending on their stature, experience, and talent, all lawyers charge a fee. Not all pricey lawyers are necessarily excellent ones.

Is it necessary to hire a lawyer for a divorce in India?

If you and your spouse have good communication and have agreed to the terms of your divorce, you may not need a lawyer. However, even in this situation, it's essential to have all agreements in writing and to have them reviewed by a legal expert to ensure that they're fair and legally binding.

What can wife claim in divorce?

At the time of divorce, a woman can claim property rights in court. However, if the property is entirely in the name of the husband, the woman cannot claim a share until she proves her financial contribution in purchasing the property under concern

What does a divorce lawyer do in Pune?

A divorce lawyer in Pune specializes in handling legal matters related to divorce and family law. They assist clients with filing for divorce, negotiating settlements, child custody, alimony, property division, and guiding them through the legal process.

Why do I need a divorce lawyer in Pune for my case?

Hiring a divorce lawyer in Pune is essential to protect your rights and interests during the divorce proceedings. They provide expert legal advice, ensure fair distribution of assets, and advocate for your best outcome, considering the emotional challenges of the process.

What factors should I consider when choosing a divorce lawyer in Pune?

When selecting a divorce lawyer in Pune, consider their experience in family law, reputation, success rate, communication skills, empathy, and their ability to tailor legal strategies to suit your specific case.

How long does the divorce process typically take in Pune?

The duration of the divorce process in Pune can vary based on the complexity of the case and court schedules. It may take several months to a year or more to obtain a final divorce decree.

Can a divorce lawyer help with child custody and visitation matters in Pune?

Yes, a divorce lawyer in Pune can assist with child custody and visitation matters. They work to protect the best interests of the child and help parents reach a suitable custody arrangement.

Is mediation an option in divorce cases in Pune?

Yes, mediation is a common approach in divorce cases in Pune. It allows the parties to negotiate and reach mutually acceptable solutions, reducing the need for a prolonged court battle.

What are the grounds for divorce in Pune?

In India, grounds for divorce include cruelty, desertion, adultery, conversion to another religion, mental disorder, and mutual consent. A divorce lawyer can explain these grounds in detail and advise which one suits your situation.

Can a divorce lawyer help with property division in Pune?

Yes, a divorce lawyer in Pune can assist in the equitable distribution of marital assets and properties during divorce proceedings.

What is the process of filing for divorce in Pune?

The process of filing for divorce in Pune involves submitting a petition in the family court, serving notice to the other party, responding to counter-petitions, and participating in court hearings. A divorce lawyer can guide you through each step.

How can I initiate a consultation with a divorce lawyer at Trident Legal in Pune?

To initiate a consultation with a divorce lawyer at Trident Legal in Pune, you can call their office at +91-820-890-9423 or email them at desk@tridentlegal.in. Their dedicated team will promptly assist you and schedule an appointment to discuss your case.

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