Advocates for Divorce in pune

Ved Legal comprises of a dedicated team of experts. We offer a multitude of services in the areas of Co-operative and Property law, but we are best known for our expertise in the Co-operative field i.e. Society Formation/Registration as well as Deemed Conveyance, Conveyance thereof. We have vast experience in representing our clients in matters of Society Formation, Deemed Conveyance, and Recovery. We also undertake different types of property matters including Conveyances, Agreements (Rent, Lease and Leave & Licenses), Partnership Firms & Its Registration, Wills, Probates, Succession, Contracts etc..First of all, we should tell you that as you are good friend of one of the spouse you can go a extra mile to make things better and try to reconcile them. Divorce must be the last option when all the options of reconciliation have been exhausted.

Assuming your friends are both Hindus they can apply a divorce under Mutual Divorce and it is recognized under Section 13B of the Hindu Marriage Act.Section 13B states that the parties can jointly move a petition for dissolution of marriage by a decree of divorce in the District Court on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
The Court shall then record the joint statement of the Parties and pass a First Motion Order giving time of 6 month to the parties to resolve their dispute, however in case the parties are unable to resolve the issues within the stipulated time, the Court shall pass a decree of Divorce. So therefore, divorce by mutual consent takes about 6-7 months.
The general rule is the divorce by mutual consent is filled by both parties jointly and their joint statement is recorded in the court which is signed by both in presence of their lawyers and the Family District Judge. This process is repeated twice once when the joint petition id filled also called first motion and after six months, which is referred as second motion.
After this process is complete, Judge is satisfied of the consent of both for divorce all issues like custody of child if any, permanent alimony and maintenance, issue relating to return of stridhan of the wife and settlement of jointly owned properties, divorce is granted.
You should enter into a Settlement Agreement with your wife with respect to the terms and conditions of the divorce. This should specify the distribution of assets such as stridhan etc., maintenance/alimony payable by you post divorce that this amount would be a full and final payment and no party shall have any other rights as against the other party. And get this Agreement signed by 2 witnesses.
In any of the spouse is not ready for the mutual divorce, then anyone can file a petition under any of the grounds mentioned under Section 13(1) of the Hindu Marriage Act. The following are the grounds for divorce in India mentioned under the Hindu Marriage Act, 1955.

1. Adultery – The act of indulging in any kind of sexual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

2. Cruelty – A spouse can file a divorce case when he/she is subjected to any kind of mental and physical injury that causes danger to life, limb and health. The intangible acts of cruelty through mental torture are not judged upon one single act but series of incidents. Certain instances like the food being denied, continuous ill treatment and abuses to acquire dowry, perverse sexual act etc are included under cruelty.

3. Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion.

4. Conversion – In case, either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground.

5. Mental Disorder – Mental disorder can become a ground for filing a divorce if the spouse of the petitioner suffers from incurable mental disorder and insanity and therefore cannot be expected from the couple to stay together.

6. Leprosy – In case of a ‘virulent and incurable’ form of leprosy, a petition can be filed by the other spouse based on this ground.

7. Venereal Disease – If one of the spouses is suffering from a serious disease that is easily communicable, a divorce can be filed by the other spouse. The sexually transmitted diseases like AIDS are accounted to be venereal diseases.

8. Renunciation – A spouse is entitled to file for a divorce if the other renounces all worldly affairs by embracing a religious order.

9. Not Heard Alive – If a person is not seen or heard alive by those who are expected to be ‘naturally heard’ of the person for a continuous period of seven years, the person is presumed to be dead. The other spouse should need to file a divorce if he/she is interested in remarriage.

10. No Resumption of Co-habitation – It becomes a ground for divorce if the couple fails to resume their co-habitation after the court has passed a decree of separation.

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

1. If the husband has indulged in rape, bestiality and sodomy.

2. If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.

3. A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.

4. If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.

Advocates for Mutual consent Divorce in Pune

Advocates for Divorce in Pune:-

Ved legal is an expertise team working on issues related to family matters through their Associated Lawyers and Consultants, in the first instance we try to resolve the issues through reconciliation or settlement between the parties. We try to save the relation as it is not just two person who gets separated but two families their children if any.

Divorce Law under section 13B:-

Effect of divorce a petition for divorce is not like any other commercial suit. A divorce not only affects the parties, their children, if any, and their families but the society also feels its reverberations. Stress should always be on preserving the institution of marriage. That is the requirement of law. The Family Courts should endeavour, in the first instance to effect reconciliation or settlement between the parties. Even where the family courts are not functioning, the objects and principles underlying the constitution of these courts can be kept in view by the Civil Court trying matrimonial causes.

Advocates for Divorce by Mutual Consent:-

It is an easiest way to dissolve the marriage, Divorce by Mutual Consent is subject to the provisions of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Marriage Laws (Amendment)Act,1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
A petition under S 13-B is not entertainable by the Appellate Court; it has to be filed in the original Court. A decree of divorce by mutual consent can be granted when and only when the Court is satisfied about (i) marriage having been solemnized between the parties; (ii) the parties have been living separately for more than a year before presenting the petition; (iii) they were not able to live together at the time of presenting the petition and continue to live apart; (iv) they had mutually agreed to dissolve the marriage before or at the time the petition was presented; and (v) the contents made in the petition are true and conditions under S.23 are fulfilled. The decree has to be passed only on mutual consent of both the parties the court cannot pass decree on initial consent to be passed.

Advocates for Divorce in Pune

Ved legal is Associated with expertise Lawyers in Divorce and Matrimonial Cases in and around Pune, and have vast experience in the Family related issues which arises after marriage, Ved legal gives the proper consultation with the concrete solution to their clients, so that they can settle their dispute amicably. Below is the brief description of Divorce Law

Matrimonial and Divorce Law

Divorce laws vary from religion to religion in a country with a rich cultural diversity like India. Hindus(which includes Sikh, Jain, Budh) are governed by Hindu Marriage Act,1955. Christians are governed by Indian Divorce Act-1869 & The Indian Christian Marriage Act,1872. Muslims are governed by Personnel laws of Divorce and also the Dissolution of Marriage Act,1939 & The Muslim Women(Protection of Rights on Divorce) Act,1986. Similarly, Parsis are governed by The Parsi Marriage & Divorce Act-1936. And there is also a secular law called Special Marriage Act,1954. A cursory reading of the entire gamut of Indian Laws regarding Divorce makes it clear broadly that the Divorce can be obtained by two ways:

1. Divorce by Mutual Consent

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolves it legally. An important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife are required to reach a consensus. One is the alimony or maintenance issues. As per Law, there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses. Duration of Divorce in Mutual Consent varies from one month to six months or more from States to States and as per the High Court directions.

2. Contested Divorce
As the name suggests, you will have to contest it. Indian laws, in general, recognizes cruelty (Physical & Mental), Desertion (Period varies from 2 to 3 years), Unsoundness of mind( of Incurable form), Impotency, renouncing the world, etc. The aggrieved party has to take one of the above grounds for divorce and will have to file the case in the Court of appropriate jurisdiction. Party which files the case has to prove the case with the support of evidence and documents. On successfully proving the case, divorce will be granted and divorce decree will be drawn up accordingly.


Marriage in India can also be dissolved by means of Annulment. Procedure for annulment is same as that of Divorce except that the grounds for annulment are different than that of divorce. Grounds for annulment are fraud, pregnancy of wife by a person other than the husband, impotency prior to the marriage and subsist even at the time of filing the case. Once an annulment is granted by the Indian Court, the status of the parties remains as it was prior to the marriage.

There are certain forms of marriages which are null and void despite the performance /solemnization of the same. Marriage is void under following circumstances:-
a) neither party has a spouse living at the time of the marriage
b) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
c) the parties are not sapindas of each other unless the custom or usage governing each of them permits of a marriage between the two.

The time duration for obtaining divorce varies from case to case & place to place. Generally speaking, contested divorce proceedings take approximately 18 to 24 months. Mutual Consent Divorce varies from 4 weeks to 7 months and more. In Delhi, Mutual Consent Divorce is possible within two to four weeks. Generally speaking procedure for obtaining Divorce in all forms of law (based on religion) is same with only a mild variation.

For More information please contact us:
Consultants for Housing Co-operative Society in Pune
Ved Legal
Email: [email protected] / [email protected]
Mobile: +91 9763040088