Advantages That You Get With Family Court Advocates In Mumbai

Advantages That You Get With Family Court Advocates In Mumbai 

For all those lawyers that specialize in matters of divorce, child custody, visitation and support the advice that you get is primal whether during the trail process or before that. Whether it is negotiating the legal action or offering the advice you will get the assistance whenever you need. There are definite advantages of hiring the legal personalities that have intense knowledge in this field. With intense knowledge of family law and better understanding of the matters you can expect to get the best assistance. Ideally, a lawyer cannot make it to the top without having the prowess of convincing people whether it is the clients or the judges and the extensive knowledge of family law is something on which you can capitalize for winning the case.

Reducing the stakes

When it comes to the services of experienced family court advocates Mumbai there are seemingly high stakes involved. The responsibility of the lawyer is to reduce the stakes at once as the individual has better knowledge of laws. In fact, the lawyer needs to prepare the papers in favor of the clients and advocating their rights is important. It is not only knowledge but understand the nuances of the case, the details and the different aspects on which the winning strategies can be based can lead to the perfect solution. You will realize the benefits of hiring the lawyer when your case moves on in the right manner.

Knowing the procedures

With competent divorce lawyers in Mumbai you will be able to access the cutting-edge solutions. There are different procedures about a case that every lawyer needs to know and it is not different here as well. The pinch of legal hints which makes every case appealing and special is what constitutes the features of the case. It is not easy to understand the procedures and to design it in your favor rather you need real experts in this field. The lawyer needs to make the way out of the complications of the case and it is this help that makes you choose the best.

Emotional support for clients

It is not just the profession which lets the lawyers shine but it is the human ways of handling as well which becomes the determining factor for several clients. Truly speaking, the clients undergo stress especially in cases of divorce but you if you can get emotional support from an able lawyer that has the zeal to win the case no matter what the consequences are success is bound to come. For family court advocates Mumbai it is an important aspect of the case.

Treating the case impartially

For every case of divorce it is necessary to move ahead with an impartial view. As a client you can miss a point in the case or otherwise but the lawyer will offer the guidance that you need to make it to the winning points and this is what makes a lawyer great even though there are ups and downs in every case the consequence is that matters in the end and you can get a favorable solution. For more assistance you can consult the services of Adv Bindu Dubey & Associates for positive results.

For any enquiry feel free to visit us on http://www,advocatebindu.com

Step by Step Process for Divorce with Mutual Consent

Step by Step Process for Divorce with Mutual Consent

Marriage is meeting of two souls but a divorce becomes inevitable when these two souls give up on each other due to any reason/reasons. As per Indian Legal System, the process of divorce starts with filing a divorce petition. One of the parties associated with divorce process files a divorce petition and notice of the same is served to the other party.

In case of irreconcilable differences, if both the partners decide to end the marriage by parting ways legally, then they can file for a ‘Mutual Divorce’ as per Hindu Marriage Act, 1955. Sometimes, only one party wants to go for divorce but the other party is not ready or willing to get a divorce. In such cases, one party can file for divorce and this is known as” ‘contested divorce’. In this article, we shall be discussing about the procedure of ‘Mutual divorce’.

Benefits of Divorce with Mutual Consent in India

As the name suggests, both the spouses readily agree to dissolve their marriage with mutual consent and follow the procedure of Indian divorce.

A professional lawyer should be contacted by the spouses to file a Joint divorce petition. This divorce petition has to be drafted, signed and verified by both the spouses prior to filing before the appropriate court.

Once both the parties are done with filing, they will be given a period of six to eighteen months that is also called cooling off phase. If in this duration, the spouses are unable to resolve their differences, then they can file for divorce via filing the second motion.

If the court is satisfied that both the parties are proceeding with mutual consent for divorce after filing the second motion, the court will pass a decree of Divorce. Both the parties agree and write their terms of settlement in their divorce petition; on the basis of these terms, Indian divorce procedure is complete with mutual consent.

Procedure of Filing for a Mutual Divorce:

All the provisions of ‘Mutual divorce’ are covered under Section 13B of the Hindu Marriage Act, 1955. Let’s have a quick glance at the steps to know about the procedure of filing a ‘Mutual divorce’ petition.

1. Drafting and Filing of Divorce Petition

The first step in the divorce process in India is drafting and then filing the divorce petition before the appropriate family court as per jurisdiction. Proper court fees need to be paid at the time of filing.

Territorial Jurisdictions of Court for filing a divorce petition:

• 1. Current location of wife
• 2. Current location of husband
• 3. Where the couple last resided as husband and wife

The parties have to file the divorce petition before appropriate court to start the procedure of divorce in India. It’s better to take help of a competent and experienced lawyer who can help you with drafting and filing of divorce petition. It’s important to mention the grounds of divorce in the petition. Keep in mind that these grounds must be substantiated with evidence at the time of trial.

In case of Mutual divorce, both the spouses have to present a joint petition for dissolution of marriage for a decree of divorce in the appropriate family court on the ground that they have been living separately for a period of one year or more, or saying that they have mutually agreed for divorce as they are unable to live together. Both the spouses need to sign this joint petition for divorce.

2. Appearance before Court and Scrutiny of the petition

Once the petition is drafted and filed, both the parties need to make an appearance before the court with their lawyers/counsels. Scrutiny of this petition along with filed documents will be done by the court. Once the process of scrutiny is done and the court is satisfied that no reconciliation is possible between the parties, the court will proceed with divorce.

3. Recording of statements on oath by Court’s order:

Once the court is satisfied with the scrutiny of the petition, it may pass orders for recording of statements on oath.

4. Order on First Motion and passing of 6 months period before Second Motion:

Court passes an order on the first motion after recording of statements. After this, a period of six to eighteen months is given to both the parties before they can file the second motion.

5. Final Hearing

If both the parties have decided to proceed further and appear for second motion, it can be done by them and they can also proceed with the final hearings. Both the parties record their statements before the court. In case the second motion is not made within the duration of 18 months, the court will pass no decree for divorce. Any party can withdraw their consent till the time the decree is not passed.

6. Decree of Divorce :

The best part about mutual divorce is that both the parties agree completely for dissolving the marriage. Once the court is completely satisfied after the hearing that there is no scope for saving the marriage, the court passes a decree of divorce that declares the marriage to be dissolved. Once the decree of divorce is passed by the court, the divorce becomes final.

Documents required for Mutual Divorce:

• 1. Marriage Certificate
• 2. Wedding photographs of both the parties
• 3. Address proof of both the spouses
• 4. Details related to Professional, Financial and family background of both the spouses
• 5. Property and asset details of parties
• 6. Income Tax statements of both parties
• 7. Evidence to prove that the spouses have not been living together for more than a year
• 8. Evidence to prove failed attempts of reconciliation

For any Enquiry or help reach us @ http://www.advocatebindu.com