Sunday, May 7, 2017

Women’s Common Mistake in Divorce # 2

Most common  mistakes done by the women’s they go behind the idea of non-professional’s such as friends, neighbors and relatives. If you pursue towards divorce then you should ask advise from the experts who can deal the divorce problems very well.  If  they should not just go for a free consultation and its better if they can avoid it, as they will get better legal advice if they pay for it.
Get a expertise attorney who has good knowledge and practice in family laws. Even they charge high avail the professional service, that can simplify your problems and put an end for all the divorce complications.
It is better to act with the guidance of the experienced lawyer. So women’s can tackle their husbands in the divorce war.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Women’s Common Mistake in Divorce # 1

A women things about a divorce when she feels a victim to family problems only at last. She tries to continue the institution of marriage in the hope of resolving the problems or to take it as a part of her life. Only at the extreme condition, a women feels that she need a divorce from her partner.
A women should not panic and should go online and find out everything that they need to know. They should meet a lawyer or more than one lawyer and find out what their rights are. Women should remember that they are not going to get kicked out of their home immediately just because their husband is not paying their rent or mortgage anymore and should not get intimidated into agreeing to a settlement before they are ready to.
A women should know all the legal help and that she can afford without any difficult. She should have easy axcess with her lawyers. If you want to put an to your marriage then consult the lawyers who professionally deals it.
Article by K,P.Satish Kumar leading Divorce lawyer in India

Daniel & Daniel Helpline :- 9962999008

Monday, February 13, 2017

Can Contempt lies against who withdraws Mutual Consent Petition

After signing the agreement by mutual consent to file for divorce, will either of the partner face contempt proceedings if they have any 2nd thought? That is the question the Delhi HC asked recently while referring to a batch of 8 separate divorce petitions to a larger bench. There have been contradictory views in earlier rulings Justice Manmohan expressed some serious doubts on the practice of the courts hauling up spouses for contempt if they fail to honour their earlier stand of divorce by mutual consent during the 6 month “cooling off” period. Section 13 B of the Hindu Marriage Act allows for ‘divorce by mutual consent’ in a 2 step process. The 1st motion of divorce can be filed by a couple if they haven’t been living together for at least one year. After this, the law mandates a “waiting period or cooling off period” of 6 to 18 months. When this period ends, the spouses can either withdraw their consent, & attempt to continue their married life, or file the 2nd motion for divorce, after this their separation is finalized. Even in the case of a “contested divorce”, where there’s a criminal complaint filed by either of the spouses or any 1 of them comes to court for a divorce against the other’s will- the couple gets a waiting period to resolve the differences. During this period of mediation, if the partners agree to the terms of getting mutual separation, then they file a plea for divorce by mutual consent. Say, a couple has filed a divorce petition under Sec. 13B(1) (divorce by mutual consent) or a motion under Section 13B(2) of the Act or both, but then 1 of them decides to change their mind in view of the option to renege/reconsider their decision of taking divorce by mutual consent under Section 13 B(2) of the Act”. the question is whether they should be held liable for contempt? It was raised before the single Bench of the Delhi High Court recently. The Apex Court, and Benches of Mumbai High Court and Delhi High Court earlier have given differing judgments on finality of agreement in the divorce mediations. In one case, the wife had refused to file the 2nd motion through mutual consent for divorce, after receiving part payment of the alimony, as she had “changed her mind” about the terms of custody for her child. The High Court had said that the “erring spouse” can’t be allowed to “take any advantage” of the option allowed in the cases of divorce by mutual consent. Citing many “contradicting judgments”, Justice Manmohan expounded that since Apex Court has held that the “consent” for divorce must “continue till date of the decree”, the right of parties to change their minds cannot be taken away. By Team Daniel & Daniel 9884883318